Sec. 7. Support for certain vulnerable Afghans relating to employment by or on behalf of the United States
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Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) is amended— in subparagraph (L)(iii), by adding a semicolon at the end; in subparagraph (M), by striking the period at the end and inserting ; and ; and by adding at the end the following: a citizen or national of Afghanistan who is the parent or brother or sister of— a member of the Armed Forces (as defined in section 101(a) of title 10, United States Code); or a veteran (as defined in section 101 of title 38, United States Code). . Subject to subparagraph (C), the total number of principal aliens who may be provided special immigrant visas under subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ), as added by paragraph (1), may not exceed 2,500 each fiscal year. If the numerical limitation specified in subparagraph
(A)is not reached during a given fiscal year, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— the numerical limitation specified in subparagraph
(A)for the given fiscal year; and the number of principal aliens provided special immigrant visas under subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) during the given fiscal year. The total number of aliens who may be provided special immigrant visas under subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) shall not exceed 10,000. The authority to issue visas under subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) shall— commence on the date of the enactment of this Act; and terminate on the date on which all such visas are exhausted. Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) is amended— in paragraph (2)(A)— by amending clause
(ii)to read as follows: was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— by, or on behalf of, the United States Government; or by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien— while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; or to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force); or in the case of an alien who was wounded or seriously injured in connection with employment described in subclause (I), was employed for any period until the date on which such wound or injury occurred, if the wound or injury prevented the alien from continuing such employment; ; and in clause (iii), by striking clause
(ii)and inserting clause (ii)(I) ; in paragraph (13)(A)(i), by striking subclause
(I)or (II)(bb) of paragraph (2)(A)(ii) and inserting item
(aa)or (bb)(BB) of paragraph (2)(A)(ii)(I) ; in paragraph (14)(C), by striking paragraph (2)(A)(ii) and inserting paragraph (2)(A)(ii)(I) ; and in paragraph (15), by striking paragraph (2)(A)(ii) and inserting paragraph (2)(A)(ii)(I) . Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) is amended— in paragraph (3)(F)— in the subparagraph heading, by striking and inserting Fiscal years 2015 through 2022 ; Fiscal years 2015 through 2029 in clause (i), by striking December 31, 2024 and inserting December 31, 2029 ; and in clause (ii), by striking December 31, 2024 and inserting December 31, 2029 ; and in paragraph (13), in the matter preceding subparagraph (A), by striking January 31, 2024 and inserting January 31, 2030 . Section 602(b)(4) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ;) is amended by adding at the end the following: Notwithstanding section 222(e) of the Immigration and Nationality Act ( 8 U.S.C. 1202(e) ), an application for an immigrant visa under this section may be signed by the applicant through a virtual video meeting before a consular officer and verified by the oath of the applicant administered by the consular officer during a virtual video meeting. . Paragraph
(12)of section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) is amended is amended to read as follows: Not later than 120 days after the date of enactment of the Afghan Adjustment Act and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report that includes the following: For the preceding quarter— a description of improvements made to the processing of special immigrant visas and refugee processing for citizens and nationals of Afghanistan; the number of new Afghan referrals to the United States Refugee Admissions Program, disaggregated by referring entity; the number of interviews of Afghans conducted by U.S. Citizenship and Immigration Services, disaggregated by the country in which such interviews took place; the number of approvals and the number of denials of refugee status requests for Afghans; the number of total admissions to the United States of Afghan refugees; number of such admissions, disaggregated by whether the refugees come from within, or outside of, Afghanistan; the average processing time for citizens and nationals of Afghanistan who are applicants; the number of such cases processed within such average processing time; and the number of denials issued with respect to applications by citizens and nationals of Afghanistan. The number of applications by citizens and nationals of Afghanistan for refugee referrals pending as of the date of submission of the report. A description of the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in clauses
(iii)through
(viii)of paragraph (11)(B). Each report required by subparagraph
(A)shall be submitted in unclassified form but may contain a classified annex. The Secretary of State shall publish on the website of the Department of State the unclassified portion of each report submitted under subparagraph (A). . The Secretary, the Secretary of Defense, or the Secretary of State may not charge any fee in connection with an application for, or issuance of, a special immigrant visa or special immigrant status under— section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ); section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note; Public Law 109–163 ); or subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ), as added by subsection (a)(1). Any limitation in law with respect to the number of personnel within the Office of the Secretary of Defense, the military departments, or a Defense Agency (as defined in section 101(a) of title 10, United States Code) shall not apply to personnel employed for the primary purpose of carrying out this section. The Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide an alien who is seeking status as a special immigrant under subparagraph
(N)of section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ), as added by subsection (a)(1), protection or to immediately remove such alien from Afghanistan, if possible. A citizen or national of Afghanistan who is admitted to the United States under this section or an amendment made by this section shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) to the same extent, and for the same periods of time, as such refugees.
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- Pub. L. 111-8
- Pub. L. 109-163
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Sec. 7
Support for certain vulnerable Afghans relating to employment by or on behalf of the United States
Pub. L.Pub. L. 111-8
Pub. L.Pub. L. 109-163
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