S.Amdt. 4146

1. Adds Subtitle B--Preservation of Immigration Benefits for Hurricane Katrina Victims SEC. 511. SHORT TITLE on page 345, between lines 5 and 6

   Adds a sectionPrinted page

   Inserted: Subtitle B--Preservation of Immigration Benefits for Hurricane Katrina Victims SEC. 511. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Hurricane Katrina Victims Immigration Benefits Preservation Act".

   Inserted: SEC. 512. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Application of definitions from the immigration and nationality act.--Except as otherwise specifically provided in this subtitle, the definitions in the Immigration and Nationality Act shall apply in the administration of this subtitle.

   Inserted: (2) Direct result of a specified hurricane disaster.--The term "direct result of a specified hurricane disaster"--

   Inserted: (A) means physical damage, disruption of communications or transportation, forced or voluntary evacuation, business closures, or other circumstances directly caused by Hurricane Katrina (on or after August 26, 2005) or Hurricane Rita (on or after September 21, 2005); and

   Inserted: (B) does not include collateral or consequential economic effects in or on the United States or global economies.

   Inserted: SEC. 513. SPECIAL IMMIGRANT STATUS.

   Inserted: (a) Provision of Status.--

   Inserted: (1) In general.--For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien--

   Inserted: (A) files with the Secretary a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));

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   Inserted: (B) is otherwise eligible to receive an immigrant visa; and

   Inserted: (C) is otherwise admissible to the United States for permanent residence.

   Inserted: (2) Inapplicable provision.--In determining admissibility under paragraph (1)(C), the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.

   Inserted: (b) Aliens Described.--

   Inserted: (1) Principal aliens.--An alien is described in this subsection if--

   Inserted: (A) the alien was the beneficiary of--

   Inserted: (i) a petition that was filed with the Secretary on or before August 26, 2005--

   Inserted: (I) under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) to classify the alien as a family-sponsored immigrant under section 203(a) of such Act (8 U.S.C. 1153(a)) or as an employment-based immigrant under section 203(b) of such Act (8 U.S.C. 1153(b)); or

   Inserted: (II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to authorize the issuance of a nonimmigrant visa to the alien under section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)); or

   Inserted: (ii) an application for labor certification under section 212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was filed under regulations of the Secretary of Labor on or before such date; and

   Inserted: (B) such petition or application was revoked or terminated (or otherwise rendered null), before or after its approval, solely due to--

   Inserted: (i) the death or disability of the petitioner, applicant, or alien beneficiary as a direct result of a specified hurricane disaster; or

   Inserted: (ii) loss of employment as a direct result of a specified hurricane disaster.

   Inserted: (2) Spouses and children.--

   Inserted: (A) In general.--An alien is described in this subsection if--

   Inserted: (i) the alien, as of August 26, 2005, was the spouse or child of a principal alien described in paragraph (1); and

   Inserted: (ii) the alien--

   Inserted: (I) is accompanying such principal alien; or

   Inserted: (II) is following to join such principal alien not later than August 26, 2007.

   Inserted: (B) Construction.--In construing the terms "accompanying" and "following to join" in subparagraph (A)(ii), the death of a principal alien described in paragraph (1)(B)(i) shall be disregarded.

   Inserted: (3) Grandparents or legal guardians of orphans.--An alien is described in this subsection if the alien is a grandparent or legal guardian of a child whose parents died as a direct result of a specified hurricane disaster, if either of the deceased parents was, as of August 26, 2005, a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States.

   Inserted: (c) Priority Date.--Immigrant visas made available under this section shall be issued to aliens in the order in which a petition on behalf of each such alien is filed with the Secretary under subsection (a)(1), except that if an alien was assigned a priority date with respect to a petition described in subsection (b)(1)(A)(i), the alien may maintain that priority date.

   Inserted: (d) Numerical Limitations.--In applying sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants who are not described in subparagraph (A), (B), (C), or (K) of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)).

   Inserted: SEC. 514. EXTENSION OF FILING OR REENTRY DEADLINES.

   Inserted: (a) Automatic Extension of Nonimmigrant Status.--

   Inserted: (1) In general.--Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on August 26, 2005, may, unless otherwise determined by the Secretary in the Secretary's discretion, lawfully remain in the United States in the same nonimmigrant status until the later of--

   Inserted: (A) the date on which such lawful nonimmigrant status would have otherwise terminated absent the enactment of this subsection; or

   Inserted: (B) 1 year after the death or onset of disability described in paragraph (2).

   Inserted: (2) Aliens described.--

   Inserted: (A) Principal aliens.--An alien is described in this paragraph if the alien was disabled as a direct result of a specified hurricane disaster.

   Inserted: (B) Spouses and children.--An alien is described in this paragraph if the alien, as of August 26, 2005, was the spouse or child of--

   Inserted: (i) a principal alien described in subparagraph (A); or

   Inserted: (ii) an alien who died as a direct result of a specified hurricane disaster.

   Inserted: (3) Authorized employment.--During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien may be provided an "employment authorized" endorsement or other appropriate document signifying authorization of employment.

   Inserted: (b) New Deadlines for Extension or Change of Nonimmigrant Status.--

   Inserted: (1) Filing delays.--

   Inserted: (A) In general.--If an alien, who was lawfully present in the United States as a nonimmigrant on August 26, 2005, was prevented from filing a timely application for an extension or change of nonimmigrant status as a direct result of a specified hurricane disaster, the alien's application may be considered timely filed if it is filed not later 1 year after the application would have otherwise been due.

   Inserted: (B) Circumstances preventing timely action.--For purposes of subparagraph (A), circumstances preventing an alien from timely acting are--

   Inserted: (i) office closures;

   Inserted: (ii) mail or courier service cessations or delays;

   Inserted: (iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;

   Inserted: (iv) mandatory evacuation and relocation; or

   Inserted: (v) other circumstances, including medical problems or financial hardship.

   Inserted: (2) Departure delays.--

   Inserted: (A) In general.--If an alien, who was lawfully present in the United States as a nonimmigrant on August 26, 2005, is unable to timely depart the United States as a direct result of a specified hurricane disaster, the alien shall not be considered to have been unlawfully present in the United States during the period beginning on August 26, 2005, and ending on the date of the alien's departure, if such departure occurred on or before February 28, 2006.

   Inserted: (B) Circumstances preventing timely action.--For purposes of subparagraph (A), circumstances preventing an alien from timely acting are--

   Inserted: (i) office closures;

   Inserted: (ii) transportation cessations or delays;

   Inserted: (iii) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;

   Inserted: (iv) mandatory evacuation and relocation; or

   Inserted: (v) other circumstances, including medical problems or financial hardship.

   Inserted: (c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:

   Inserted: "(II) An immigrant visa made available under subsection 203(c) for fiscal year 1998, or for a subsequent fiscal year, may be issued, or adjustment of status under section 245(a) based upon the availability of such visa may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide level set forth in subsection 201(e) for the fiscal year for which the alien was selected.".

   Inserted: (d) Extension of Filing Period.--If an alien is unable to timely file an application to register or reregister for Temporary Protected Status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) as a direct result of a specified hurricane disaster, the alien's application may be considered timely filed if it is filed not later than 90 days after it otherwise would have been due.

   Inserted: (e) Voluntary Departure.--

   Inserted: (1) In general.--Notwithstanding section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), if a period for voluntary departure under such section expired during the period beginning on August 26, 2005, and ending on December 31, 2005, and the alien was unable to voluntarily depart before the expiration date as a direct result of a specified hurricane disaster, such voluntary departure period is deemed extended for an additional 60 days.

   Inserted: (2) Circumstances preventing departure.--For purposes of this subsection, circumstances preventing an alien from voluntarily departing the United States are--

   Inserted: (A) office closures;

   Inserted: (B) transportation cessations or delays;

   Inserted: (C) other closures, cessations, or delays affecting case processing or travel necessary to satisfy legal requirements;

   Inserted: (D) mandatory evacuation and removal; and

   Inserted: (E) other circumstances, including medical problems or financial hardship.

   Inserted: (f) Current Nonimmigrant Visa Holders.--

   Inserted: (1) In general.--An alien, who was lawfully present in the United States on August 26, 2005, as a nonimmigrant under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) and lost employment as a direct result of a specified hurricane disaster may accept new employment upon the filing by a prospective employer of a new petition on behalf of such nonimmigrant not later than August 26, 2006.

   Inserted: (2) Continuation of employment authorization.--Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such employment shall cease.

   Inserted: (3) Savings provision.--Nothing in this subsection shall be construed to limit eligibility for portability under section 214(n) of the Immigration and Nationality Act (8 U.S.C. 1184(n)).

   Inserted: SEC. 515. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

   Inserted: (a) Treatment as Immediate Relatives.--

   Inserted: (1) Spouses.--Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, if the citizen died as a direct result of a specified hurricane disaster, the alien (and each child of the alien) may be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen's death if the alien files a petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after such date and only until the date on which the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under this paragraph shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.

   Inserted: (2) Children.--

   Inserted: (A) In general.--In the case of an alien who was the child of a citizen of the United States at the time of the citizen's death, if the citizen died as a direct result of a specified hurricane disaster, the alien may be considered, for purposes of section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)), to remain an immediate relative after the date of the citizen's death (regardless of subsequent changes in age or marital status), but only if the alien files a petition under subparagraph (B) not later than 2 years after such date.

   Inserted: (B) Petitions.--An alien described in subparagraph (A) may file a petition with the Secretary for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be considered a petition filed under section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).

   Inserted: (b) Spouses, Children, Unmarried Sons and Daughters of Lawful Permanent Resident Aliens.--

   Inserted: (1) In general.--Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such alien before August 26, 2005, may be considered (if the spouse, child, son, or daughter has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for preference status under such section with the same priority date as that assigned before the death described in paragraph (3)(A). No new petition shall be required to be filed. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.

   Inserted: (2) Self-petitions.--Any spouse, child, or unmarried son or daughter of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act may file a petition for such classification with the Secretary, if the spouse, child, son, or daughter was present in the United States on August 26, 2005. Such spouse, child, son, or daughter may be eligible for deferred action and work authorization.

   Inserted: (3) Aliens described.--An alien is described in this paragraph if the alien--

   Inserted: (A) died as a direct result of a specified hurricane disaster; and

   Inserted: (B) on the day of such death, was lawfully admitted for permanent residence in the United States.

   Inserted: (c) Applications for Adjustment of Status by Surviving Spouses and Children of Employment-Based Immigrants.--

   Inserted: (1) In general.--Any alien who was, on August 26, 2005, the spouse or child of an alien described in paragraph (2), and who applied for adjustment of status before the death described in paragraph (2)(A), may have such application adjudicated as if such death had not occurred.

   Inserted: (2) Aliens described.--An alien is described in this paragraph if the alien--

   Inserted: (A) died as a direct result of a specified hurricane disaster; and

   Inserted: (B) on the day before such death, was--

   Inserted: (i) an alien lawfully admitted for permanent residence in the United States by reason of having been allotted a visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)); or

   Inserted: (ii) an applicant for adjustment of status to that of an alien described in clause (i), and admissible to the United States for permanent residence.

   Inserted: (d) Applications by Surviving Spouses and Children of Refugees and Asylees.--

   Inserted: (1) In general.--Any alien who, on August 26, 2005, was the spouse or child of an alien described in paragraph (2), may have his or her eligibility to be admitted under sections 207(c)(2)(A) or 208(b)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) considered as if the alien's death had not occurred.

   Inserted: (2) Aliens described.--An alien is described in this paragraph if the alien--

   Inserted: (A) died as a direct result of a specified hurricane disaster; and

   Inserted: (B) on the day before such death, was--

   Inserted: (i) an alien admitted as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); or

   Inserted: (ii) granted asylum under section 208 of such Act (8 U.S.C. 1158).

   Inserted: (e) Waiver of Public Charge Grounds.--In determining the admissibility of any alien accorded an immigration benefit under this section, the grounds for inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not apply.

   Inserted: SEC. 516. RECIPIENT OF PUBLIC BENEFITS.

   Inserted: An alien shall not be inadmissible under section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) or deportable under section 237(a)(5) of such Act (8 U.S.C. 1227(a)(5)) on the basis that the alien received any public benefit as a direct result of a specified hurricane disaster.

   Inserted: SEC. 517. AGE-OUT PROTECTION.

   Inserted: In administering the immigration laws, the Secretary and the Attorney General may grant any application or benefit notwithstanding the applicant or beneficiary (including a derivative beneficiary of the applicant or beneficiary) reaching an age that would render the alien ineligible for the benefit sought, if the alien's failure to meet the age requirement occurred as a direct result of a specified hurricane disaster.

   Inserted: SEC. 518. EMPLOYMENT ELIGIBILITY VERIFICATION.

   Inserted: (a) In General.--The Secretary may suspend or modify any requirement under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), either generally or with respect to particular persons, class of persons, geographic areas, or economic sectors, to the extent to which the Secretary determines necessary or appropriate to respond to national emergencies or disasters .

   Inserted: (b) Notification.--If the Secretary suspends or modifies any requirement under section 274A(b) of the Immigration and Nationality Act pursuant to subsection (a), the Secretary shall send notice of such decision, including the reasons for the suspension or modification, to--

   Inserted: (1) the Committee on the Judiciary of the Senate; and

   Inserted: (2) the Committee of the Judiciary of the House of Representatives.

   Inserted: (c) Sunset Date.--The authority under subsection (a) shall expire on August 26, 2008.

   Inserted: SEC. 519. NATURALIZATION.

   Inserted: The Secretary may, with respect to applicants for naturalization in any district of the United States Citizenship and Immigration Services affected by a specified hurricane disaster, administer the provisions of Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) notwithstanding any provision of such title relating to the jurisdiction of an eligible court to administer the oath of allegiance, or requiring residence to be maintained or any action to be taken in any specific district or State within the United States.

   Inserted: SEC. 520. DISCRETIONARY AUTHORITY.

   Inserted: The Secretary or the Attorney General may waive violations of the immigration laws committed, on or before March 1, 2006, by an alien--

   Inserted: (1) who was in lawful status on August 26, 2005; and

   Inserted: (2) whose failure to comply with the immigration laws was a direct result of a specified hurricane disaster.

   Inserted: SEC. 521. EVIDENTIARY STANDARDS AND REGULATIONS.

   Inserted: The Secretary shall establish appropriate evidentiary standards for demonstrating, for purposes of this subtitle, that a specified hurricane disaster directly resulted in--

   Inserted: (1) death;

   Inserted: (2) disability; or

   Inserted: (3) loss of employment due to physical damage to, or destruction of, a business.

   Inserted: SEC. 522. IDENTIFICATION DOCUMENTS.

   Inserted: (a) Temporary Identification.--The Secretary shall have the authority to instruct any Federal agency to issue temporary identification documents to individuals affected by a specified hurricane disaster. Such documents shall be acceptable for purposes of identification under any federal law or regulation until August 26, 2006.

   Inserted: (b) Issuance.--An agency may not issue identity documents under this section after January 1, 2006.

   Inserted: (c) No Compulsion to Accept or Carry Identification Documents.--Nationals of the United States shall not be compelled to accept or carry documents issued under this section.

   Inserted: (d) No Proof of Citizenship.--Identity documents issued under this section shall not constitute proof of citizenship or immigration status.

   Inserted: SEC. 523. WAIVER OF REGULATIONS.

   Inserted: The Secretary shall carry out the provisions of this subtitle as expeditiously as possible. The Secretary is not required to promulgate regulations before implementing this subtitle. The requirements of chapter 5 of title 5, United States Code (commonly referred to as the "Administrative Procedure Act") or any other law relating to rule making, information collection, or publication in the Federal Register, shall not apply to any action to implement this subtitle to the extent the Secretary of Homeland Security, the Secretary of Labor, or the Secretary of State determine that compliance with such requirement would impede the expeditious implementation of such Act.

   Inserted: SEC. 524. NOTICES OF CHANGE OF ADDRESS.

   Inserted: (a) In General.--If a notice of change of address otherwise required to be submitted to the Secretary by an alien described in subsection (b) relates to a change of address occurring during the period beginning on August 26, 2005, and ending on the date of the enactment of this Act, the alien may submit such notice.

   Inserted: (b) Aliens Described.--An alien is described in this subsection if the alien--

   Inserted: (1) resided, on August 26, 2005, within a district of the United States that was declared by the President to be affected by a specified hurricane disaster; and

   Inserted: (2) is required, under section 265 of the Immigration and Nationality Act (8 U.S.C. 1305) or any other provision of law, to notify the Secretary in writing of a change of address.

   Inserted: SEC. 525. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

   Inserted: (a) In General.--The nonimmigrant status of an alien described in subsection (b) shall be deemed to have been maintained during the period beginning on August 26, 2005, and ending on September 15, 2006, if, on September 15, 2006, the alien is enrolled in a course of study, or participating in a designated exchange visitor program, sufficient to satisfy the terms and conditions of the alien's nonimmigrant status on August 26, 2005.

   Inserted: (b) Aliens Described.--An alien is described in this subsection if the alien--

   Inserted: (1) was, on August 26, 2005, lawfully present in the United States in the status of a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and

   Inserted: (2) fails to satisfy a term or condition of such status as a direct result of a specified hurricane disaster.

   Original wording

   On page 345, between lines 5 and 6, insert the following:

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As printed