Sec. 11. Admission for certain highly skilled Hong Kong residents
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Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection
(b)with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ), if the alien— or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); is otherwise eligible to receive an immigrant visa; 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. (a)(4))); and clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. An alien is described in this subsection if— the alien— is a Hong Kong Priority Resident; and has earned a bachelor’s or higher degree from an institution of higher education; and the Secretary of Homeland Security determines that such alien’s relocation to the United States would provide a significant benefit to the United States. An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1). The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the 5 fiscal years beginning after the date of the enactment of this Act. The Secretary of Homeland Security may, in consultation with the Secretary of State, prioritize the issuance of visas to individuals with a bachelor’s or higher degree in science, technology, engineering, mathematics, medicine, health care, or medicine. Aliens provided immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1153, and 1157). No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. The Secretary of State and the Secretary of Homeland Security shall ensure that all steps under the control of the United States Government incidental to the approval of such applications, including required screenings and background checks, are completed not later than 2 years after the date on which an eligible applicant submits an application under subsection (a). Notwithstanding paragraph (1), the relevant Federal agencies may take additional time to process applications described in paragraph
(1)if satisfaction of national security concerns requires such additional time, provided that the Secretary of Homeland Security, or the designee of the Secretary, has determined that the applicant meets the requirements for status as a special immigrant under this section and has so notified the applicant.
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