,i #aagth ,,congress #ast ,session ,h4 ,r4 #dcca ,,in ,,the ,,house ,,of ,,representatives ,july #a1 #bjba ,ms4 ,ross 7for herself1 ,mrs4 ,miller-,meeks1 ,mr4 ,krishnamoorthi1 ,mrs4 ,kim of ,california1 ,mr4 ,bera1 ,mr4 ,smith of ,washington1 ,mr4 ,johnson of ,georgia1 ,ms4 ,del,bene1 ,mr4 ,crow1 and ,mr4 ,carson7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to authorize lawful permanent resident status for certain college graduates who entered the ,united ,states as children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,america's ,cultivation of ,hope and ,inclusion for ,long-term ,dependents ,raised and ,educated ,natively ,act of #bjba or the ,america's ,,children ,act of #bjba4 #b4 ,permanent resident status for certain college graduates who entered the united states as children 7a7 ,requirements ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,f7 ,alien who-- 7i7 is not inadmissible under section #bab7;a7 or deportable under section #bcg7;a72 7ii7 was admitted to the ,united ,states as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under section #bad or as a dependent child of a nonimmigrant with status under section #aja7;a77#ae77;,e71 and was lawfully present in the ,united ,states pursuant to such status for an aggregate period of not less than #d years2 7iii7 had at the time of the application been lawfully present in the ,united ,states for an aggregate period of not less than #aj years2 and 7iv7 has graduated from an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a777 in the ,united ,states4 4 7b7 ,petition ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77 is amended by adding at the end the following3 7,m7 ,any alien entitled to classification under section #bja7;b77#a77;,f7 may file a petition with the ,secretary of ,homeland ,security for such classification4 4 #c4 ,age-,out protections 7a7 ,age-,out protections for immigrants 7#a7 ,in general ,section #aja7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77 is amended by adding at the end the following-- 7#f7 ,a determination of whether an alien is a child shall be made as follows3 7,a7 ,for purposes of a petition under section #bjd and a subsequent application for an immigrant visa or adjustment of status1 such determination shall be made using the age of the alien on the date on which the petition is filed with the ,secretary of ,homeland ,security or the date on which an application for a labor certification under section #bab7;a77#e77;,a77i7 is filed with the ,secretary of ,labor1 whichever is earlier4 7,b7 ,for purposes of a petition under section #bad7;d7 and a subsequent application for adjustment of status under section #bde7;d71 such determination shall be made using the age of the alien on the date on which the petition is filed with the ,secretary of ,homeland ,security4 7,c7 ,in the case of a petition under section #bjd filed for an alien's classification as a married son or daughter of a ,united ,states citizen under section #bjc7;a77#b71 if the petition is later converted1 due to the legal termination of the alien's marriage1 to a petition to classify the alien as an immediate relative under subsection 7b77#b77;,a77i7 or as an unmarried son or daughter of a ,united ,states citizen under section #bjc7;a77#a71 the determination of the alien's age shall be made using the age of the alien on the date of the termination of the marriage4 4 7#b7 ,technical and conforming amendment ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended by striking subsection 7f74 7#c7 ,effective date 7,a7 ,in general ,the amendments made by this section shall be effective as if included in the ,child ,status ,protection ,act 7,public ,law #ajg-bjh74 7,b7 ,motion to reopen or reconsider ,a motion to reopen or reconsider the denial of a petition or application described in the amendments made by paragraph 7#a71 that would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application may be granted if such motion is filed with the ,secretary of ,homeland ,security or the ,attorney ,general not later than the date that is #b years after the date of the enactment of this ,act4 7b7 ,age-,out protections for nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 as amended by this ,act1 is further amended by adding at the end the following3 7t7 ,an alien who entered the ,united ,states as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or with status under section #aja7;a77#ae77;,e71 and who is the principal or derivative beneficiary of a properly filed pending or approved petition under section #bjd shall be entitled to retain derivative nonimmigrant status notwithstanding any time or age limitations until the petition is denied or the alien receives the status of alien lawfully admitted to permanent residence4 4 7c7 ,employment authorization ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,the ,secretary of ,homeland ,security shall authorize an alien who entered the ,united ,states as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or with status under section #aja7;a77#ae77;,e71 and who is the derivative beneficiary of a properly filed pending or approved petition under section #bjd1 to engage in employment in the ,united ,states1 and shall provide such alien with an employment authorized endorsement or other appropriate work permit4 4 #d4 ,priority date retention ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended to read as follows3 7h7 ,retention of priority dates ,the priority date for an individual shall be the date that a petition under section #bjd is filed with the ,secretary of ,homeland ,security 7or the ,secretary of ,state1 if applicable71 unless such petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall constitute the priority date4 ,the principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification and such priority date shall be applicable to any subsequently approved petition4 4