[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2549. Mr. PADILLA submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. AGE-OUT PROTECTIONS AND PRIORITY DATE RETENTION 
                   FOR VISA RESTRICTIONS.

       (a) Age-out Protections.--
       (1) In general.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended--
       (A) in section 101(b) (8 U.S.C. 1101(b)), by adding at the 
     end the following:
       ``(6) Determination of Child Status.--A determination as to 
     whether an alien is a child shall be made as follows:
       ``(A) In general.--For purposes of a petition under section 
     204 and any subsequent application for an immigrant visa or 
     adjustment of status, such determination shall be made using 
     the age of the alien on the earlier of--
       ``(i) the date on which the petition is filed with the 
     Secretary of Homeland Security; or
       ``(ii) the date on which an application for a labor 
     certification under section 212(a)(5)(A)(i) is filed with the 
     Secretary of Labor.
       ``(B) Certain dependents of nonimmigrants.--With respect to 
     an alien who, for an aggregate period of 8 years before 
     attaining the age of 21, was in the status of a dependent 
     child of a nonimmigrant pursuant to a lawful admission as an 
     alien eligible to be employed in the United States (other 
     than a nonimmigrant described in subparagraph (A), (G), (N), 
     or (S) of section 101(a)(15)), notwithstanding clause (i), 
     the determination of the alien's age shall be based on the 
     date on which such initial nonimmigrant employment-based 
     petition or application was filed by the alien's nonimmigrant 
     parent.
       ``(C) Failure to acquire status as alien lawfully admitted 
     for permanent residence.--With respect to an alien who has 
     not sought to acquire status as an alien lawfully admitted 
     for permanent residence during the 2 years beginning on the 
     date on which an immigrant visa becomes available to such 
     alien, the alien's age shall be determined based on the 
     alien's biological age, unless the failure to seek to acquire 
     such status was due to extraordinary circumstances.''; and
       (B) in section 201(f) (8 U.S.C. 1151)--
       (i) by striking the subsection heading and all that follows 
     through ``Termination Date.--'' in paragraph (3) and 
     inserting ``Rule for Determining Whether Certain Aliens Are 
     Immediate Relatives.--''; and
       (ii) by striking paragraph (4).
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall be effective as if included in the Child Status 
     Protection Act (Public Law 107-208; 116 Stat. 927).
       (B) Motion to reopen or reconsider.--
       (i) In general.--A motion to reopen or reconsider the 
     denial of a petition or application described in the 
     amendment made by paragraph (1)(A) may be granted if--

       (I) such petition or application would have been approved 
     if the amendment described in such paragraph had been in 
     effect at the time of adjudication of the petition or 
     application;
       (II) the individual seeking relief pursuant to such motion 
     was in the United States at the time the underlying petition 
     or application was filed; and
       (III) such motion is filed with the Secretary of Homeland 
     Security or the Attorney General not later than the date that 
     is 2 years after the date of the enactment of this Act.

       (ii) In lieu of motion to reopen.--If an alien who 
     qualifies under section 101(b)(6)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(6)(B)) has a parent who has 
     been lawfully admitted for permanent residence or is a 
     citizen of the United States, the alien shall not be required 
     to file a motion to reopen and shall be immediately eligible 
     to apply for adjustment of status or have a pending 
     adjustment of status considered based upon any immigrant visa 
     petition in which the alien is a beneficiary or derivative 
     beneficiary if such adjustment of status is filed not later 
     than the date that is 2 years after the date of the enactment 
     of this Act.
       (iii) Exemption from numerical limitations.--
     Notwithstanding any other provision of law, an individual 
     granted relief under clause (i) or (ii) shall be exempt from 
     the numerical limitations in sections 201, 202, and 203 of 
     the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (b) Nonimmigrant Dependent Children.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     adding at the end the following:
       ``(s) Derivative Beneficiaries.--
       ``(1) In general.--Except as described in paragraph (2), 
     the determination as to whether an alien who is the 
     derivative beneficiary of a properly filed pending or 
     approved immigrant petition under section 204 is eligible to 
     be a dependent child shall be based on whether the alien is 
     determined to be a child under section 101(b)(6).
       ``(2) Long-term dependents.--If otherwise eligible, an 
     alien who is determined to be a child pursuant to section 
     101(b)(6)(B) may change status to, or extend status as, a 
     dependent child of a nonimmigrant with an approved 
     employment-based petition under this section or an approved 
     application under section 101(a)(15)(E), notwithstanding such 
     alien's marital status.
       ``(3) Employment authorization.--An alien admitted to the 
     United States as a dependent child of a nonimmigrant who is 
     described in this section is authorized to engage in 
     employment in the United States incident to status.''.
       (c) Priority Date Retention.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
     amended--
       (1) by striking the subsection heading and inserting 
     ``Retention of Priority Dates'';
       (2) by striking paragraphs (1) through (4);
       (3) by redesignating paragraph (5) as paragraph (3); and
       (4) by inserting before paragraph (3) the following:
       ``(1) In general.--The priority date for an individual 
     shall be the date on which a petition under section 204 is 
     filed with the Secretary of Homeland Security or the 
     Secretary of State, as applicable, unless such petition was 
     preceded by the filing of a labor certification with the 
     Secretary of Labor, in which case the date on which the labor 
     certification is filed shall be the priority date.
       ``(2) Applicability.--The principal beneficiary and all 
     derivative beneficiaries shall retain the priority date 
     associated with the earliest of any approved petition or 
     labor certification, and such priority date shall be 
     applicable to any subsequently approved petition.''.
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