,,ii #aaith ,,congress #ast ,session ,s4 #bhhf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah 7legislative day1 ,september #af71 #bjbe,mr4 ,padilla 7for himself1 ,mr4 ,paul1 ,mr4 ,durbin1 ,ms4 ,collins1 ,ms4 ,klobuchar1 ,ms4 ,murkowski1 ,mr4 ,coons1 ,mr4 ,cramer1 ,mr4 ,king1 and ,mr4 ,curtis7 introduced the following bill2 which was read twice and 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 ,,children ,act of #bjbe or the ,protecting ,children of ,long-,term ,visa ,holders ,act of #bjbe4 #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 ,any alien who-- 7i7 is not inadmissible under section #bab7;a7 or deportable under section #bcg7;a72 7ii7 was lawfully present in the ,united ,states as a dependent child of a nonimmigrant admitted to engage in employment in the ,united ,states 7other than a nonimmigrant described in subparagraph 7,a71 7,g71 7,n71 or 7,s7 of section #aja7;a77#ae77 for an aggregate period of not less than #h years2 7iii7 on the date on which an application under section #bjd7;a77#a77,m7 is submitted1 has 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 and priority date retention 7a7 ,age-,out protections 7#a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #aja7;b7 7#h ,u4,s4,c4 #aaja7;b771 by adding at the end the following3 7#f7 ,determination of child status ,a determination as to whether an alien is a child shall be made as follows3 7,a7 ,in general ,for purposes of a petition under section #bjd and any subsequent application for an immigrant visa or adjustment of status1 such determination shall be made using the age of the alien on the earlier of-- 7i7 the date on which the petition is filed with the ,secretary of ,homeland ,security2 or 7ii7 the date on which an application for a labor certification under section #bab7;a77#e77;,a77i7 is filed with the ,secretary of ,labor4 7,b7 ,certain dependents of nonimmigrants ,with respect to an alien who1 for an aggregate period of #h years before attaining the age of #ba1 was in the status of a dependent child of a nonimmigrant pursuant to a lawful admission as an alien eligible to be employed in the ,united ,states 7other than a nonimmigrant described in subparagraph 7,a71 7,g71 7,n71 or 7,s7 of section #aja7;a77#ae771 notwithstanding clause 7i71 the determination of the alien's age shall be based on the date on which such initial nonimmigrant employment-based petition or application was filed by the alien's nonimmigrant parent4 7,c7 ,failure to acquire status as alien lawfully admitted for permanent residence ,with respect to an alien who has not sought to acquire status as an alien lawfully admitted for permanent residence during the #b years beginning on the date on which an immigrant visa becomes available to such alien1 the alien's age shall be determined based on the alien's biological age1 unless the failure to seek to acquire such status was due to extraordinary circumstances4 2 and 7,b7 in section #bja7;f7 7#h ,u4,s4,c4 #aaea7-- 7i7 by striking the subsection heading and all that follows through ,termination ,date4-- in paragraph 7#c7 and inserting ,rule for ,determining ,whether ,certain ,aliens are ,immediate ,relatives4--2 and 7ii7 by striking paragraph 7#d74 7#b7 ,effective date 7,a7 ,in general ,the amendments made by this subsection shall be effective as if included in the ,child ,status ,protection ,act 7,public ,law #ajg-bjh2 #aaf ,stat4 #ibg74 7,b7 ,motion to reopen or reconsider 7i7 ,in general ,a motion to reopen or reconsider the denial of a petition or application described in the amendment made by paragraph 7#a77;,a7 may be granted if-- 7,i7 such petition or application would have been approved if the amendment described in such paragraph had been in effect at the time of adjudication of the petition or application2 7,,ii7 the individual seeking relief pursuant to such motion was in the ,united ,states at the time the underlying petition or application was filed2 and 7,,iii7 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 7ii7 ,exemption from numerical limitations ,notwithstanding any other provision of law1 an individual granted relief pursuant to a motion to reopen or reconsider under clause 7i7 shall be exempt from the numerical limitations in sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 7b7 ,nonimmigrant dependent children ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,derivative beneficiaries 7#a7 ,in general ,except as described in paragraph 7#b71 the determination as to whether an alien who is the derivative beneficiary of a properly filed pending or approved immigrant petition under section #bjd is eligible to be a dependent child shall be based on whether the alien is determined to be a child under section #aja7;b77#f74 7#b7 ,long-term dependents ,if otherwise eligible1 an alien who is determined to be a child pursuant to section #aja7;b77#f77;,b7 may change status to1 or extend status as1 a dependent child of a nonimmigrant with an approved employment-based petition under this section or an approved application under section #aja7;a77#ae77;,e71 notwithstanding such alien's marital status4 7#c7 ,employment authorization ,an alien admitted to the ,united ,states as a dependent child of a nonimmigrant who is described in this section is authorized to engage in employment in the ,united ,states incident to status4 4 7c7 ,priority date retention ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended-- 7#a7 by striking the subsection heading and inserting ,retention of ,priority ,dates2 7#b7 by striking paragraphs 7#a7 through 7#d72 7#c7 by redesignating paragraph 7#e7 as paragraph 7#c72 and 7#d7 by inserting before paragraph 7#c7 the following3 7#a7 ,in general ,the priority date for an individual shall be the date on which a petition under section #bjd is filed with the ,secretary of ,homeland ,security or the ,secretary of ,state1 as applicable1 unless such petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case the date on which the labor certification is files shall be the priority date4 7#b7 ,applicability ,the principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification1 and such priority date shall be applicable to any subsequently approved petition4 4