Sec. 305. Special immigrant status for certain surviving spouses and children
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Section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— by striking an immigrant who is an employee and inserting the following: “an immigrant who— is an employee ; and by striking status; and inserting the following: “status; or an immigrant who is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty; . Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009, as amended by section 304, is further amended— in clause (ii), by redesignating subclauses
(I)and
(II)as items
(aa)and (bb), respectively and moving such items 2 ems to the right; by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively and moving such subclauses 2 ems to the right; in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: An alien is described ; in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and by adding at the end the following: An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph
(A)as of the date of the principal alien’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal alien’s death. . Section 1244(b)(3) of the Refugee Crisis in Iraq Act ( 8 U.S.C. 1157 note)— in subparagraph (B), by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively and moving such subclauses 2 ems to the right; by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively and moving such clauses 2 ems to the right; in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: An alien is described ; in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and by adding at the end the following: An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph
(1)as of the date of the principal alien’s filing of an application for the first time, or if the principal alien do not file an application, the employment requirements as of the date of the principal alien’s death. . The amendments made by this subsection shall be effective on June 30, 2019, and shall have retroactive effect.
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