H.R. 4331 – America’s CHILDREN Act of 2021

AI-Generated Summary

Updated February 8, 2026 at 5:06 AM UTC

The America’s CHILDREN Act creates a new pathway to lawful permanent residence for foreign nationals who entered the United States as dependent children, have lived here for many years, and have earned a U.S. college degree. It also adds protections so these individuals are not forced out of status when they age out, lets them keep their priority dates, and provides work authorization while their petition is pending. The law affects eligible college‑graduated former dependent children and their families.

Key Provisions

Creates a new eligibility category for permanent residence for those who entered as dependent children of certain nonimmigrants, have at least 4 years lawful presence as a child, a total of 10 years lawful presence, are not inadmissible, and have graduated from a U.S. college
Allows eligible individuals to file a petition (new “M” classification) for this permanent‑resident status
Sets age‑out protections by fixing the age used to determine child status to the date the petition or labor certification is filed, preventing loss of eligibility when turning 21
Allows derivative nonimmigrant beneficiaries with pending or approved petitions to retain their status until the petition is denied or permanent residence is granted
Authorizes employment for these derivative beneficiaries while their petition is pending, providing a work permit
Ensures the priority date of the earliest approved petition or labor certification is retained for the principal and all derivative beneficiaries

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

November 1, 2022

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HouseIntro Referral

Introduced in House

July 1, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 1, 2021

HouseCommittee

Referred to the Subcommittee on Immigration and Citizenship.

Immigration Integrity, Security, and Enforcement Subcommittee

November 1, 2022

Bill Text

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Introduced in HouseIssued July 1, 2021

I

117th CONGRESS

1st Session

H. R. 4331

IN THE HOUSE OF REPRESENTATIVES

July 1, 2021

Ms. Ross (for herself, Mrs. Miller-Meeks, Mr. Krishnamoorthi, Mrs. Kim of California, Mr. Bera, Mr. Smith of Washington, Mr. Johnson of Georgia, Ms. DelBene, Mr. Crow, and Mr. Carson) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to authorize lawful permanent resident status for certain college graduates who entered the United States as children, and for other purposes.

1.

Short title

This Act may be cited as the America’s Cultivation of Hope and Inclusion for Long-term Dependents Raised and Educated Natively Act of 2021 or the America’s CHILDREN Act of 2021.

2.

Permanent resident status for certain college graduates who entered the united states as children

(a)

Requirements

Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

(F)

Alien who—

(i)

is not inadmissible under section 212(a) or deportable under section 237(a);

(ii)

was admitted to the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under section 214 or as a dependent child of a nonimmigrant with status under section 101(a)(15)(E), and was lawfully present in the United States pursuant to such status for an aggregate period of not less than 4 years;

(iii)

had at the time of the application been lawfully present in the United States for an aggregate period of not less than 10 years; and

(iv)

has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))) in the United States.

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(b)

Petition

Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:

(M)

Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification.

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3.

Age-Out protections

(a)

Age-Out protections for immigrants

(1)

In general

Section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the following—

(6)

A determination of whether an alien is a child shall be made as follows:

(A)

For purposes of a petition under section 204 and a subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security or the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor, whichever is earlier.

(B)

For purposes of a petition under section 214(d) and a subsequent application for adjustment of status under section 245(d), such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security.

(C)

In the case of a petition under section 204 filed for an alien’s classification as a married son or daughter of a United States citizen under section 203(a)(2), if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a United States citizen under section 203(a)(1), the determination of the alien’s age shall be made using the age of the alien on the date of the termination of the marriage.

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(2)

Technical and conforming amendment

Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by striking subsection (f).

(3)

Effective date

(A)

In general

The amendments made by this section shall be effective as if included in the Child Status Protection Act (Public Law 107–208).

(B)

Motion to reopen or reconsider

A motion to reopen or reconsider the denial of a petition or application described in the amendments made by paragraph (1), that would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application may be granted if 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.

(b)

Age-Out protections for nonimmigrants

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) as amended by this Act, is further amended by adding at the end the following:

(t)

An alien who entered the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or with status under section 101(a)(15)(E), and who is the principal or derivative beneficiary of a properly filed pending or approved petition under section 204 shall be entitled to retain derivative nonimmigrant status notwithstanding any time or age limitations until the petition is denied or the alien receives the status of alien lawfully admitted to permanent residence.

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(c)

Employment authorization

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

(s)

The Secretary of Homeland Security shall authorize an alien who entered the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or with status under section 101(a)(15)(E), and who is the derivative beneficiary of a properly filed pending or approved petition under section 204, to engage in employment in the United States, and shall provide such alien with an employment authorized endorsement or other appropriate work permit.

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4.

Priority date retention

Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended to read as follows:

(h)

Retention of priority dates

The priority date for an individual shall be the date that a petition under section 204 is filed with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless such petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. 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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