Sec. 3409. H–4 visa reform
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/bill/117/hr/1177/ih/section-3409·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) is amended to read as follows: Except as provided in subparagraphs
(B)and (C), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 6 years. The Secretary of Homeland Security may grant an extension of nonimmigrant status under section 101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant’s application for adjustment of status has been processed if such nonimmigrant— is the beneficiary of a petition filed under section 204(a) for a preference status under paragraph (1), (2), or
(3)of section 203(b); and is eligible to be granted such status. A child of a nonimmigrant described in subparagraph
(B)who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age, if— the nonimmigrant parent described in subparagraph
(B)maintains his or her nonimmigrant status; and the child was younger than 18 years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent. . Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: Notwithstanding paragraph (1), a determination of whether a nonimmigrant described in section 214(g)(4)(C) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or
(3)of section 203(b) shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age of such nonimmigrant. . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by subsection (a)(1), is further amended by adding at the end the following: The Secretary of Homeland Security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section 101(a)(15)(H)(i)(b) to engage in employment in the United States and shall provide such nonimmigrant spouse or child with an employment authorized endorsement or other appropriate work permit. .
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