Sec. 191204. Supplementing the COVID Response Workforce

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During the period described in paragraph (3), an alien described in paragraph

(2)may apply to acquire the status of an alien lawfully admitted to the United States for permanent residence consistent with section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ). An alien described in this paragraph is an alien physician (and the spouse and children of such alien) who— has an approved immigrant visa petition under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii) ) and has completed the service requirements for a waiver under such section on or before the date of the enactment of this title; and provides a statement to the Secretary of Homeland Security attesting that the alien is engaged in or will engage in the practice of medicine or medical research involving the diagnosis, treatment, or prevention of COVID–19. The period described in this paragraph is the period beginning on the date of the enactment of this title and ending 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), with respect to COVID–19. In accordance with the procedures described in paragraph (2), the Secretary of Homeland Security shall expedite the processing of applications and petitions seeking employment or classification of an alien as a nonimmigrant to practice medicine, provide healthcare, engage in medical research, or participate in a graduate medical education or training program involving the diagnosis, treatment, or prevention of COVID–19. Not later than 15 days after the Secretary of Homeland Security receives an application or petition for new employment or change of status described in paragraph (1), the Secretary shall conduct an initial review of such application or petition and, if additional evidence is required, shall issue a request for evidence. The Secretary of Homeland Security shall issue a final decision on an application or petition described in paragraph

(1)not later than 30 days after receipt of such application or petition, or, if a request for evidence is issued, not later than 15 days after the Secretary receives the applicant or petitioner’s response to such request. In addition to delivery through regular mail services, decisions described in clause

(i)shall be transmitted to the applicant or petitioner via electronic mail, if the applicant or petitioner provides the Secretary of Homeland Security with an electronic mail address. This subsection shall take effect on the date of the enactment of this title and shall cease to be effective on the date that is 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), with respect to COVID–19. The Secretary of State shall prioritize the processing of applications submitted by aliens who are seeking a visa based on an approved nonimmigrant petition to practice medicine, provide healthcare, engage in medical research, or participate in a graduate medical education or training program involving the diagnosis, treatment, or prevention of COVID–19. The Secretary of State shall ensure that visa appointments are scheduled for aliens described in subparagraph

(A)not later than 7 business days after the alien requests such an appointment. If routine visa services are unavailable in the alien’s home country— the U.S. embassy or consulate in the alien’s home country shall— conduct the visa interview with the alien via video-teleconferencing technology; or grant an emergency visa appointment to the alien not later than 10 business days after the alien requests such an appointment; or the alien may seek a visa appointment at any other U.S. embassy or consulate where routine visa services are available, and such embassy or consulate shall make every reasonable effort to provide the alien with an appointment within 10 business days after the alien requests such an appointment. Except as provided in section 222(h)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1202(h)(2) ), the Secretary of State shall waive the interview of any alien seeking a nonimmigrant visa based on an approved petition described in paragraph (1)(A), if— such alien is applying for a visa— not more than 3 years after the date on which such alien’s prior visa expired; in the visa classification for which such prior visa was issued; and at a consular post located in the alien’s country of residence or, if otherwise required by regulation, country of nationality; and the consular officer has no indication that such alien has failed to comply with the immigration laws and regulations of the United States. This subsection shall take effect on the date of the enactment of this title and shall cease to be effective on the date that is 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 274d ), with respect to COVID–19. Notwithstanding section 212(j)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j)(2) ), for the period described in paragraph (6), the Secretary of Homeland Security may approve a petition for classification as a nonimmigrant described under section 101(a)(15)(H)(i)(b) of such Act, filed on behalf of a physician for purposes of performing direct patient care if such physician possesses a license or other authorization required by the State of intended employment to practice medicine, or is eligible for a waiver of such requirement pursuant to an executive order, emergency rule, or other action taken by the State to modify or suspend regular licensing requirements in response to the COVID–19 public health emergency. Notwithstanding any other provision of law, the Secretary of Homeland Security shall not require an employer of a nonimmigrant alien described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) to file an amended or new petition under section 214(a) of such Act ( 8 U.S.C. 1184(a) ) if upon transferring such alien to a new area of employment, the alien will practice medicine, provide healthcare, or engage in medical research involving the diagnosis, treatment, or prevention of COVID–19. Nothing in the Immigration and Nationality Act or any other provision of law shall be construed to require an employer of a nonimmigrant alien described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) to file an amended or new petition under section 214(a) of such Act ( 8 U.S.C. 1184(a) ) if the alien is a physician or other healthcare worker who will provide remote patient care through the use of real-time audio-video communication tools to consult with patients and other technologies to collect, analyze, and transmit medical data and images. Notwithstanding any other provision of law, the diagnosis, treatment, or prevention of COVID–19 shall be considered an integral part of a graduate medical education or training program and a nonimmigrant described in section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ) who is participating in such a program— may be redeployed to a new rotation within the host training institution as needed to engage in COVID–19 work; and may receive compensation for such work. A nonimmigrant described in section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ) who is participating in a graduate medical education or training program may engage in work outside the scope of the approved program, if— the work involves the diagnosis, treatment, or prevention of COVID–19; the alien has maintained lawful nonimmigrant status and has otherwise complied with the terms of the education or training program; and the program sponsor approves the additional work by annotating the nonimmigrant’s Certificate of Eligibility for Exchange Visitor (J–1) Status (Form DS–2019) and notifying the Immigration and Customs Enforcement Student and Exchange Visitor Program of the approval of such work. Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) may be satisfied through the provision of care to patients located in areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, through the physician’s use of real-time audio-video communication tools to consult with patients and other technologies to collect, analyze, and transmit medical data and images. A nonimmigrant who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(O)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(O)(i) ), and is seeking an extension of such status, is authorized to accept new employment under the terms and conditions described in section 214(n) of such Act ( 8 U.S.C. 1184(n) ). Section 248(a) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), is amended— in paragraph (1), by inserting and after the comma at the end; by striking paragraphs

(2)and (3); and by redesignating paragraph

(4)as paragraph (2). Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by striking Notwithstanding section 248(a)(2), the and inserting The . This subsection shall take effect on the date of the enactment of this title and except as provided in paragraphs (2)(B), (3)(C), (4), and (5), shall cease to be effective on that date that is 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), with respect to COVID–19. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( Public Law 103–416 ; 8 U.S.C. 1182 note) is amended by striking and before September 30, 2015 . Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), is amended— in paragraph (1)(B)— by striking 30 and inserting 35 ; and by inserting , except as provided in paragraph

(4)before the semicolon at the end; and by adding at the end the following: Except as provided in clause (ii), if in any fiscal year, not less than 90 percent of the waivers provided under paragraph (1)(B) are utilized by States receiving at least 5 such waivers, the number of such waivers allotted to each State shall increase by 5 for each subsequent fiscal year. If 45 or more waivers are allotted to States in any fiscal year, an increase of 5 waivers in subsequent fiscal years shall be provided only in the case that not less than 95 percent of such waivers are utilized by States receiving at least 1 waiver. If in any fiscal year in which there was an increase in waivers, the total number of waivers utilized is 5 percent lower than in the previous fiscal year, the number of such waivers allotted to each State shall decrease by 5 for each subsequent fiscal year, except that in no case shall the number of waivers allotted to each State drop below 35. . Not later than 30 days after the date of the enactment of this title, the Secretary of Homeland Security, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall establish emergency procedures to provide employment authorization to aliens described in paragraph (2), for purposes of facilitating the temporary deployment of such aliens to practice medicine, provide healthcare, or engage in medical research involving the diagnosis, treatment, or prevention of COVID–19. An alien described in this paragraph is an alien who is— physically present in the United States; maintaining lawful nonimmigrant status that authorizes employment with a specific employer incident to such status; and working in the United States in a healthcare occupation essential to COVID–19 response, as determined by the Secretary of Health and Human Services. The Secretary of Homeland Security may grant employment authorization to an alien described in paragraph

(2)if such alien submits an Application for Employment Authorization (Form I–765 or any successor form), which shall include— evidence of the alien’s current nonimmigrant status; copies of the alien’s academic degrees and any licenses, credentials, or other documentation confirming authorization to practice in the alien’s occupation; and any other evidence determined necessary by the Secretary of Homeland Security to establish by a preponderance of the evidence that the alien meets the requirements of paragraph (2). The Secretary of Homeland Security shall establish procedures for the adjudication of any employment authorization applications for aliens described in paragraph

(2)that are pending on the date of the enactment of this title, and the issuance of employment authorization documents in connection with such applications in accordance with the terms and conditions of this subsection, upon request by the applicant. The Secretary of Homeland Security shall collect a fee for the processing of applications for employment authorization as provided under this paragraph. If all required initial evidence has been submitted under this subsection but such evidence does not establish eligibility, the Secretary of Homeland Security shall issue a request for evidence not later than 15 days after receipt of the application for employment authorization. The Secretary of Homeland Security shall issue a final decision on an application for employment authorization under this subsection not later than 30 days after receipt of such application, or, if a request for evidence is issued, not later than 15 days after the Secretary receives the alien’s response to such request. An employment authorization document issued under this subsection shall— be valid for a period of not less than 1 year; include the annotation COVID–19 ; and notwithstanding any other provision of law, allow the bearer of such document to engage in employment during its validity period, with any United States employer to perform services described in paragraph (1). Subject to paragraph (5), the Secretary of Homeland Security may renew an employment authorization document issued under this subsection in accordance with procedures established by the Secretary. Notwithstanding a reduction in hours or cessation of work with the employer that petitioned for the alien’s underlying nonimmigrant status, an alien granted employment authorization under this subsection, and the spouse and children of such alien shall, for the period of such authorization, be deemed— to be lawfully present in the United States; and to have continuously maintained the alien’s underlying nonimmigrant status for purposes of an extension of such status, a change of nonimmigrant status under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 ), or adjustment of status under section 245 of such Act ( 8 U.S.C. 1255 ). An employment authorization document described in subparagraph

(E)may not be— utilized by the alien to engage in any employment other than that which is described in paragraph (1); or accepted by an employer as evidence of authorization under section 274A(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(1)(C) ), to engage in employment other than that which is described in paragraph (1). Notwithstanding any other provision of law, time spent by an alien physician engaged in direct patient care involving the diagnosis, treatment, or prevention of COVID–19 shall count towards— the 5 years that an alien is required to work as a full-time physician for purposes of a national interest waiver under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii) ); and the 3 years that an alien is required to work as a full-time physician for purposes of a waiver of the 2-year foreign residence requirement under section 212(e) of the Immigration and Nationality Act ( 8 U.S.C. 1182(e) ), as provided in section 214(l) of such Act ( 8 U.S.C. 1184(l) ). The procedures described in paragraph

(1)shall take effect on the date that is 30 days after the date of the enactment of this title and shall remain in effect until 180 days after the termination of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), with respect to COVID–19. The Secretary of Homeland Security may grant a petition for special immigrant classification to an alien described in paragraph

(2)(and the spouse and children of such alien) if the alien files a petition for special immigrant status under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ). An alien is described in this paragraph if, during the period beginning on the date that the COVID–19 public health emergency was declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) and ending 180 days after the termination of such emergency, the alien was— authorized for employment in the United States and maintaining a nonimmigrant status; and engaged in the practice of medicine, provision of healthcare services, or medical research involving the diagnosis, treatment, or prevention of COVID–19 disease. Subject to paragraph (5), immigrant visas under paragraph

(1)shall be made available to aliens in the order in which a petition on behalf of each such alien is filed with the Secretary of Homeland Security, except that an alien shall maintain any priority date that was assigned with respect to an immigrant visa petition or application for labor certification that was previously filed on behalf of such alien. Notwithstanding the death of an alien described in paragraph (2), the Secretary of State may approve an application for an immigrant visa, and the Secretary of Homeland Security may approve an application for adjustment of status to lawful permanent resident, filed by or on behalf of a spouse or child of such alien. For purposes of an application for an immigrant visa or adjustment of status filed by or on behalf of a child of an alien described in paragraph (2), the determination of whether the child satisfies the age requirement under section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) shall be made using the age of the child on the date the immigrant visa petition under paragraph

(1)was approved. A spouse or child of an alien described in paragraph

(2)shall be considered to have maintained lawful nonimmigrant status until the earlier of the date— on which the Secretary of Homeland Security accepts for filing, an application for adjustment of status based on a petition described in paragraph (1); or that is 2 years after the date of the principal nonimmigrant’s death. The total number of principal aliens who may be provided special immigrant status under this subsection may not exceed 4,000 per year for each of the 3 fiscal years beginning after the date of the enactment of this title. Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitations under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), or 1153(b)(4)). If the numerical limitation specified in subparagraph

(A)is not reached during a given fiscal year referred to in such subparagraph, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— the numerical limitation specified in subparagraph

(A)for the given fiscal year; and the number of principal aliens provided special immigrant status under this subsection during the given fiscal year.

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