Sec. 4310. Special immigrant status for certain Syrians 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 may provide any noncitizen described in subsection

(b)with the status of a special immigrant under section 101(a)(27) of that Act ( 8 U.S.C. 1101(a)(27) ) if— the noncitizen, or an agent acting on behalf of the noncitizen, submits a petition to the Secretary under section 204 of that Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ); the noncitizen is otherwise eligible to receive an immigrant visa; the noncitizen is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of that Act ( 8 U.S.C. 1182(a)(4) )), except that an applicant for admission to the United States under this section may not be considered 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 the noncitizen clears a background check and appropriate screening, as determined by the Secretary. A noncitizen described in this subsection is a noncitizen who— 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 not less than 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 noncitizen; or is the spouse or a child of a principal noncitizen described in paragraph (1); and is following or accompanying to join the principal noncitizen in the United States; or due to the death of the principal noncitizen, a petition to follow or accompany to join the principal noncitizen in the United States— was or would be revoked, terminated, or otherwise rendered null; and would have been approved if the principal noncitizen had survived. Except as otherwise provided in this subsection, the total number of principal noncitizens 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. Noncitizens 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 noncitizens provided special immigrant status under this section during such fiscal year. A noncitizen 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 a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the United States. The Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide protection to each noncitizen described in subsection

(b)who is seeking special immigrant status under this section or to immediately remove such noncitizen from Syria, if possible, if the Secretary of State determines, after consultation, that such noncitizen is in imminent danger. A noncitizen applying for admission to the United States as a special immigrant under this section may be represented during the application process, including for 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, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner so as 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 270 days after the date on which an eligible noncitizen submits all required materials to apply for such visa. Notwithstanding subparagraph (A), the Secretary of State, the Secretary, or the Secretary of Defense may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary of State, the Secretary, or the Secretary of Defense, or a designee— determines that the satisfaction of national security concerns requires additional time; and notifies the applicant of such determination. A noncitizen 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 to the authority that issued the denial 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. A noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen— qualifies as an immediate relative of a citizen of the United States; or is eligible for admission to the United States under any other immigrant classification. The Secretary of State shall use existing refugee processing mechanisms in Iraq and in other countries, as appropriate, in the region in which noncitizens described in subsection

(b)may apply and interview for admission to the United States as special immigrants. A noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as are available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). The Secretary, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures 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 January 30 each year, the Inspector General of the Department of State shall submit a report on the implementation of the Syrian special immigrant status program under this section for the preceding calendar year to— the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. Each report required by paragraph

(1)shall include, for the applicable calendar year, the following: The number of petitions filed under such program. The number of such petitions pending adjudication. The number of such petitions pending visa interview. The number of such petitions pending security checks. The number of such petitions that were denied. The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. A description of any obstacle discovered that would hinder effective implementation of such program. In preparing a report under subsection (a), the Inspector General shall consult with— the Department of State, Bureau of Consular Affairs, Visa Office; the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office; the Department of Homeland Security, U.S. Citizenship and Immigration Services; the Department of Defense; and nongovernmental organizations providing legal aid in the special immigrant visa application process. Each report required by paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. Each report submitted under this subsection shall be made available to the public on the internet website of the Department of State. Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Secretary of State, 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 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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