Sec. 2. Aliens previously allocated diversity visas

798 words·~4 min read·/bill/118/hr/7028/ih/section-2

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Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ), and subject to subsection

(c)of this section, an immigrant visa made available to an alien under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ) in any of fiscal years 2017, 2018, 2019, 2020, 2021, or 2022 shall remain available to such alien if— the alien was refused a visa or denied admission to the United States solely because of— Executive Order 13769, Protecting the Nation from Foreign Terrorist Entry into The United States (January 27, 2017); Executive Order 13780, Protecting the Nation from Foreign Terrorist Entry into the United States (March 6, 2017); Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats (September 24, 2017); or Proclamation 9983, Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats (January 31, 2020); or because of the COVID–19 public health emergency— the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State, and having submitted complete documentation or having qualified for such a visa on or before September 30 of the applicable fiscal year; or the alien was unable to be admitted to the United States despite being approved for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ). Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall— notify each alien described in subsection

(a)(and such alien’s representative, if applicable) of their continuing eligibility to apply for a visa under section 203(c) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c) ); and publish on the Department of State website, information and procedures implementing this Act. The notice described in paragraph (1)(A) shall include procedures for the alien to notify the Secretary of State of the alien’s intent to proceed with or abandon the application, and shall include an advisal that such application shall be deemed abandoned if the alien fails to notify the Secretary of the alien’s intent to proceed within one year of the date of the notice. An alien described in subsection

(a)shall remain eligible to receive such visa until the earliest of the date that the alien— notifies the Secretary of the alien’s intent to abandon the application in accordance with the procedures described in subsection (b); fails to respond to the notice described in subsection (b)(2); or is refused a visa by a consular officer— for failure to meet the education or work experience requirements under section 203(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(c)(2) ); for failure to meet the requirements under section 204(a)(1)(I)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(iii) ); or on grounds that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). Except as provided in paragraphs

(2)and (3), visas issued to aliens under this Act shall be counted against the numerical limitation described in section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) for the fiscal year in which such visas were made available to such aliens. Visas under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) that go unused in any of fiscal years 2017, 2018, 2019, 2020, 2021, or 2022 may be allocated to aliens described in subsection

(a)regardless of the fiscal year in which such alien’s visa was made available. In the case that the total number of aliens described in subsection

(a)who are eligible for visas exceeds the total number of visas under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) for fiscal years 2017, 2018, 2019, 2020, 2021, and 2022, such excess number shall not be counted against the numerical limitation described in such section 201(e). A determination of whether an unmarried son or daughter of the visa applicant is eligible to apply as a child of the visa applicant pursuant to section 203(d) of the Immigration and Nationality Act ( 8 U.S.C. 1153(d) ) shall be made using the age of the unmarried son or daughter when the applicant was initially selected for a visa in accordance with section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 10 1153(e)(2)). The prioritization of visa services, as among visa classifications and other consular services, is within the sole unreviewable discretion of the Secretary of State. To the extent possible, the Secretary of State shall process applications in the rank order originally designated, consistent with applicable regulations.

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