Sec. 501. Immigration barriers

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Notwithstanding any other provision of law, an alien seeking employment or training in the climate resilience sector is eligible for status under this section. An alien with status under this section may not be removed, and the Secretary of Homeland Security shall provide such alien with employment authorization. Such status shall be valid for a period of 2 years, and may not be renewed. The Secretary shall provide an eligible alien with such status if the alien submits an affidavit of interest in employment or training in a climate resilience sector, as defined in section 7 of this Act, and thereafter submits further evidence to that effect, including registration for relevant training courses or applications for such employment.

Notwithstanding any other provision of law, the Secretary of Homeland Security may accord an alien status as a Certified Climate Resilience Worker (hereinafter in this section referred to as CRW status ) if that alien has been present in the United States (without regard to the immigration status of that alien during such presence) for not less than 1 year and— is an alien who has— been employed in a climate resilience sector for at least 90 days in the past year (including any employment while incarcerated); completed a workforce training program in a climate resilience sector; or been enrolled in a workforce training program in a climate resilience sector for at least 90 days in the past year (including any training while in detention); or is the spouse, child, son, daughter, or parent of an alien described in subparagraph (A).

An alien with temporary status under subsection

(a)may convert such status to CRW status, and the spouse, child, son, daughter, or parent of that alien shall also be accorded CRW status. An alien who adjusts status under paragraph

(1)or

(2)shall submit a petition for CRW status, which shall include the following: Proof of presence in the United States for a period of not less than 1 year ending on the date of application. In the case of an alien adjusting status under paragraph (1)(A), at least one of the following: Employer certification of employment in a climate resilience sector. Employment records of such employment. Union dues records in the course of such employment. Certification of completion in a workforce training program. Proof of continuous enrollment in a workforce training program. In the case that none of clauses

(i)through

(v)are possible, a self-attestation of work experience that includes an affidavit from fellow employees. In the case of an alien adjusting status under paragraph (1)(A)(ii), proof of residence as alleged under such paragraph. CRW status under this subsection shall be valid for a period of 2 years, and may be renewed for not less than a total period of 10 years. The Secretary may waive any requirement under paragraph (1)(A) in any case of extenuating circumstances, including disability, pregnancy, or care of a dependent. An alien with CRW status may adjust to status to that of an alien lawfully admitted for permanent residence beginning not earlier than 18 months after receiving CRW status, except that the time period may be include any time spent in temporary status. Notwithstanding any other provision of law and for purposes of this section, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of inadmissibility set forth in section 212 of the Immigration and Nationality Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Notwithstanding any other provision of law and for purposes of this section, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of removal set forth in section 237 of the Immigration and Nationality Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. A person who is a lawful permanent resident may file an application for naturalization under this subsection. Such person shall comply in all other respects with the requirements of title III of the Immigration and Nationality Act, except that such person may be naturalized not earlier than 3 years after the date that person becomes a lawful permanent resident, or 2 years in the case of such a person who is married to a United States national. Any employer who provides certification under subsection (b)(3)(B) may not be held criminally or civilly liable under any provision of Federal law or State law for any unlawful employment of the person whose employment is so certified. Nothing in section 303 or section 622 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act may be construed to authorize any prohibition on employment of any person who is otherwise authorized for employment in the United States. Notwithstanding any other provision of law, an alien with CRW status or status under subsection

(a)shall be considered lawfully present in the United States for all purposes. Notwithstanding any other provision of law, individuals with CRW status or status under subsection

(a)shall be considered lawfully present for purposes of eligibility for Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))). Terms used in this section have the meanings given such terms in section 101(a) of the Immigration and Nationality Act.

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42 USC 1320a–7b(f)

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Sec. 501

Immigration barriers

Cite42 USC 1320a–7b(f)

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