Sec. 308. Special immigrant status for certain Syrian who worked for the United States Government in Syria

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Subject to subsection (c)(1), for purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may provide any alien described in subsection

(b)with the status of a special immigrant under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) if— the alien, or an agent acting on behalf of the alien, submits a petition to the Secretary under section 204 of such Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); the alien is otherwise eligible to receive an immigrant visa; the alien is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) )), except that an applicant for admission to the United States under this section may not be deemed inadmissible based solely on membership in, participation in, or support provided to, the Syrian Democratic Forces or other partner organizations as determined by the Secretary of Defense; and clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. An alien described in this subsection— is a citizen or national of Syria or a stateless person who has habitually resided in Syria; was employed by or on behalf of (including under a contract, cooperative agreement or grant) with the United States Government in Syria, for a period of at least 1 year beginning on January 1, 2014; and obtained a favorable written recommendation from a U.S. citizen supervisor who was in the chain of command of the United States Armed Forces unit or U.S. Government entity that was supported by the alien; or is the spouse or a child of a principal alien described in paragraph (1); and is following or accompanying to join the principal alien in the United States; or due to the death of the principal alien, a petition to follow or accompany to join the principal alien in the United States— was or would be revoked, terminated, or otherwise rendered null; and would have been approved if the principal alien had survived. Except as otherwise provided under this subsection, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 in any of the first 5 fiscal years beginning after the date of the enactment of this Act. Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)). If the numerical limitation set forth in paragraph

(1)is not reached during a fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— the number of visas authorized under paragraph

(1)for such fiscal year; and the number of principal aliens provided special immigrant status under this section during such fiscal year. An alien described in subsection

(b)may not be charged any fee in connection with an application for, or the issuance of, a special immigrant visa under this section. The Secretary of State shall ensure that aliens who are issued a special immigrant visa under this section are provided with an appropriate passport necessary for admission to the United States. The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide protection to each alien described in subsection

(b)who is seeking special immigrant status under this section or to immediately remove such alien from Syria, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger. An alien applying for admission to the United States as a special immigrant under this section may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. The Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner to ensure that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien submits all required materials to apply for such visa. Notwithstanding subparagraph (A), any Secretary referred to in such subparagraph may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary, or the designee of the Secretary— determines that the satisfaction of national security concerns requires additional time; and notifies the applicant of such determination. An alien whose petition for status as a special immigrant is rejected or revoked— shall receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and shall be provided not more than 1 written appeal per rejection or denial, which— shall be submitted not more than 120 days after the date on which the applicant receives a decision pursuant to subparagraph (A); may request the reopening of such decision; and shall provide additional information, clarify existing information, or explain any unfavorable information. An alien may not be denied the opportunity to apply for admission under this section solely because such alien— qualifies as an immediate relative of a national of the United States; or is eligible for admission to the United States under any other immigrant classification. An alien who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as is available to refugees admitted under section 207 of the Immigration and Naturalization Act ( 8 U.S.C. 1157 ). The Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures as they consider necessary and appropriate— to ensure the prompt processing of applications under this section; to preserve the integrity of the program established under this section; and to protect the national security interests of the United States related to such program. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall promulgate regulations to carry out this section, including establishing requirements for background checks. Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note).

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