This bill aims to provide a pathway to lawful permanent resident status for certain individuals who grew up in the United States. Specifically, it allows aliens who entered the U.S. as dependent children of employment-based nonimmigrants to apply for permanent residency if they have been lawfully present for at least 10 years, were dependent for 8 years, and have graduated from a U.S. institution of higher education. A key provision of this legislation is the implementation of significant age-out protections for dependent children. It amends the Immigration and Nationality Act to determine a child's age based on the date their parent's initial nonimmigrant employment-based petition was filed, rather than their biological age at the time of visa availability, preventing them from losing eligibility due to processing delays. These protections are applied retroactively, allowing for motions to reopen previously denied cases. Furthermore, the bill addresses the status of nonimmigrant dependent children by allowing those who qualify for age-out protection to change or extend their dependent status, even if they are married. It also explicitly grants employment authorization to these dependent children incident to their status, providing them with the ability to work legally in the U.S. while awaiting their permanent residency. Finally, the legislation ensures priority date retention for all beneficiaries. It specifies that the priority date for an individual, including derivative beneficiaries, will be the earliest date associated with any approved petition or labor certification, and this date will apply to any subsequent petitions. This measure aims to prevent individuals from losing their place in the immigration queue due to changes in their immigration process.
This bill aims to provide a pathway to lawful permanent resident status for certain individuals who grew up in the United States. Specifically, it allows aliens who entered the U.S. as dependent children of employment-based nonimmigrants to apply for permanent residency if they have been lawfully present for at least 10 years, were dependent for 8 years, and have graduated from a U.S. institution of higher education. A key provision of this legislation is the implementation of significant age-out protections for dependent children. It amends the Immigration and Nationality Act to determine a child's age based on the date their parent's initial nonimmigrant employment-based petition was filed, rather than their biological age at the time of visa availability, preventing them from losing eligibility due to processing delays. These protections are applied retroactively, allowing for motions to reopen previously denied cases. Furthermore, the bill addresses the status of nonimmigrant dependent children by allowing those who qualify for age-out protection to change or extend their dependent status, even if they are married. It also explicitly grants employment authorization to these dependent children incident to their status, providing them with the ability to work legally in the U.S. while awaiting their permanent residency. Finally, the legislation ensures priority date retention for all beneficiaries. It specifies that the priority date for an individual, including derivative beneficiaries, will be the earliest date associated with any approved petition or labor certification, and this date will apply to any subsequent petitions. This measure aims to prevent individuals from losing their place in the immigration queue due to changes in their immigration process.