Sec. 1103. Terms and conditions of conditional nonimmigrant status
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The initial period of contingent nonimmigrant status— shall be 6 years unless revoked pursuant to subsection (d); and may be extended for additional 6-year terms if— the alien remains eligible for contingent nonimmigrant status under paragraphs (1), (2), and
(4)of section 1102(b) (other than with regard to the requirement under paragraph (4)(J) of such subsection); the alien again passes background checks equivalent to the background checks described in section 1102(c)(9); and such status was not revoked by the Secretary for any reason. The Secretary shall grant employment authorization to an alien granted contingent nonimmigrant status who demonstrates economic necessity. The status of a contingent nonimmigrant who is absent from the United States without authorization shall be subject to revocation under subsection (d). The Secretary may authorize a contingent nonimmigrant to travel outside the United States and shall grant the contingent nonimmigrant reentry provided that the contingent nonimmigrant— was not absent from the United States for a continuous period in excess of 180 days during each 6-year period that the alien is in contingent nonimmigrant status, unless the contingent nonimmigrant’s failure to return was due to extenuating circumstances beyond the individual’s control or as part of the alien’s active duty service in the Armed Forces of the United States; and is otherwise admissible to the United States, except as provided in section 1102(b)(4)(E). For purposes of subparagraph (B)(i), in the case of a contingent nonimmigrant who was absent from the United States for participation in a study abroad program offered by an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), 60 of such days shall not be counted towards the period described in such subparagraph. In applying section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a contingent nonimmigrant shall not be treated as an individual who is, or is reasonably expected to be, a citizen or national of the United States or an alien lawfully present in the United States. For purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq.), a contingent nonimmigrant shall not be considered a qualified alien under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: A contingent nonimmigrant (as such term is defined in section 1101 of division B of the Border Security and Immigration Reform Act of 2018). . The Secretary shall revoke the status of a contingent nonimmigrant at any time if the alien— no longer meets the eligibility requirements set forth in section 1102(b)(2)(D), (3), (4)(A) through (D), (4)(E) through (I), and (4)(N); knowingly uses documentation issued under this section for an unlawful or fraudulent purpose; or was absent from the United States at any time without authorization after being granted contingent nonimmigrant status. In determining whether to revoke an alien’s status under paragraph (1), the Secretary may require the alien— to submit additional evidence; or to appear for an in-person interview. If an alien’s contingent nonimmigrant status is revoked under paragraph (1), any documentation issued by the Secretary to such alien under this section shall automatically be rendered invalid for any purpose except for departure from the United States.
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Sec. 1103
Terms and conditions of conditional nonimmigrant status
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