Sec. 6. Nonimmigrant visas for human rights defenders
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Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— in paragraph (15)— in subparagraph (U)(iii), by striking ; or and inserting a semicolon; in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or ; and by adding at the end the following: subject to section 214(t), an alien who— demonstrates a credible fear of an urgent threat to his or her physical safety by a state or nonstate actor in the alien’s country of nationality or last habitual residence based on the nature of the alien’s work as a human rights defender, including formal and informal employment and volunteer activities; and has not advocated violence or terrorism; and the children and spouse or partner of the alien described in clause
(i)if accompanying, or following to join, such alien. ; and by adding at the end the following: The term urgent threat , with respect to an individual described in paragraph (15)(W)(i)(I), means any action, communication, or threat made against the individual that causes or has the intent to cause physical, legal, financial, psychological, or reputational harm. . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: In the case of a nonimmigrant described in section 101(a)(15)(W)— the Secretary of State shall issue a visa that is valid for 1 or more admissions to the United States during a 3-year period; and the Secretary of Homeland Security shall authorize the alien to engage in employment in the United States during the period of authorized admission and shall provide the alien with an employment authorized endorsement or other appropriate document signifying authorizing employment. In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under section 101(a)(15)(W)(i)— a foreign service officer, outside of consular services, including political and economic officers and officers of the United States Agency for International Development, located at the United States Embassy in the country concerned, an official in the Bureau for Democracy, Human Rights and Labor, or an official of Bureau for Democracy, Human Rights, and Governance, may submit a visa referral for the alien to the United States consulate in the country concerned; a consular officer, located at the United States Embassy or consulate in the country concerned— shall conduct an interview of the alien not later than 72 hours after the alien submits an application for admission as a nonimmigrant under that section; shall make a determination with respect to whether the alien’s fear of an urgent threat is credible within the context of such country; and shall consult with and seek references from relevant national or international human rights organizations or the United Nations with respect to the alien, including references suggested by the alien and the referring human rights officer; and the Bureau of Consular Affairs shall carry out all security screening through the appropriate databases. An unmarried alien who seeks to accompany or follow to join a parent granted status under section 101(a)(15)(W)(i), and who was under 21 years of age on the date on which such parent applied for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(W)(ii), if the alien attains 21 years of age after such parent’s application was filed, but while it was pending. The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a) (15)(W) in any fiscal year shall not exceed 500. The numerical limitation in subparagraph
(A)shall only apply to principal aliens described in section 101(a)(15)(W)(i) and not to the children or spouses or partners of such aliens. .
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