S.Amdt. 2549

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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