Sec. 191201. Extension of filing and other deadlines

697 words·~3 min read·/bill/116/hr/6800/ih/section-191201

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In the case of an alien who was lawfully present in the United States on January 26, 2020, the alien’s application for an extension or change of nonimmigrant status, application for renewal of employment authorization, or any other application for extension or renewal of a period of authorized stay, shall be considered timely filed if the due date of the application is within the period described in subsection

(d)and the application is filed not later than 60 days after it otherwise would have been due. In the case of an alien who was lawfully present in the United States on January 26, 2020, the alien shall not be considered to be unlawfully present in the United States during the period described in subsection (d). With respect to any alien whose immigration status, employment authorization, or other authorized period of stay has expired or will expire during the period described in subsection (d), during the one-year period beginning on the date of the enactment of this title, or during both such periods, the Secretary of Homeland Security shall automatically extend such status, authorization, or period of stay until the date that is 90 days after the last day of whichever of such periods ends later. If the status, authorization, or period of stay referred to in subparagraph

(A)is based on a grant of deferred action, or a grant of temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), the extension under such subparagraph shall be for a period not less than the period for which deferred action or temporary protected status originally was granted by the Secretary of Homeland Security. Notwithstanding the limitations under section 221(c) of the Immigration and Nationality Act ( 8 U.S.C. 1201(c) ), in the case of any immigrant visa issued to an alien that expires or expired during the period described in subsection (d), the period of validity of the visa is extended until the date that is 90 days after the end of such period. For fiscal years 2021 and 2022, the worldwide level of family-sponsored immigrants under subsection

(c)of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), the worldwide level of employment-based immigrants under subsection

(d)of such section, and the worldwide level of diversity immigrants under subsection

(e)of such section shall each be increased by the number computed under subparagraph

(B)with respect to each of such worldwide levels. For each of the worldwide levels described in subparagraph (A), the number computed under this subparagraph is the difference (if any) between the worldwide level established for the previous fiscal year under the applicable subsection of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) and the number of visas that were, during the previous fiscal year, issued and used as the basis for an application for admission into the United States as an immigrant described in the applicable subsection. The additional visas made available for fiscal years 2021 and 2022 as a result of the computations made under subparagraphs

(A)and

(B)shall be proportionally allocated as set forth in subsections (a), (b), and

(c)of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ). For fiscal years 2021 and 2022, the number computed under subsection (c)(3)(C) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), and the number computed under subsection (d)(2)(C) of such section, are deemed to equal zero. Notwithstanding section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ), if a period for voluntary departure under such section expires or expired during the period described in subsection (d), such voluntary departure period is extended until the date that is 90 days after the end of such period. The period described in this subsection— begins on the first day 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; and ends 90 days after the date on which such public health emergency terminates.