Sec. 3410. Extensions related to pending petitions
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Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further amended by adding at the end the following: Notwithstanding subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized stay of a noncitizen who was previously issued a visa or otherwise provided nonimmigrant status under subparagraph (F), (H)(i)(B), (L), or
(O)of section 101(a)(15) may be extended pursuant to paragraph
(2)if 365 days or more have elapsed since the filing of— an application for labor certification under section 212(a)(5)(A) if certification is required or used by a noncitizen to obtain status under section 203(b); or a petition described in section 204(b) to obtain immigrant status under section 203(b). The Secretary of Homeland Security shall extend the stay of a noncitizen who qualifies for an extension under paragraph
(1)in 1-year increments until a final decision is made— to deny the application described in paragraph (1)(A) or, in a case in which such application is granted, to deny a petition described in paragraph (1)(B) filed on behalf of the noncitizen pursuant to such grant; to deny the petition described in paragraph (1)(B); or to grant or deny the noncitizen’s application for an immigrant visa or adjustment of status to that of a noncitizen lawfully admitted for permanent residence. The Secretary of Homeland Security shall authorize any noncitizen whose stay is extended under this subsection to engage in employment in the United States and provide such noncitizen with an employment authorized endorsement or other appropriate work permit. .
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Sec. 3410
Extensions related to pending petitions
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