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Act 214(n)
(n)
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(1)
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A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b)
is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien--
(A) who has been lawfully admitted into the United States;
(B) on whose behalf an employer has filed nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General; and
(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.
(o)
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(1) No alien shall be eligible for admission to the United States under section
101(a)(15)(T)
if there is substantial reason to believe that the alien has committed an act of a severe form of trafficking in persons (as defined in section
103
of the Trafficking Victims Protection Act of 2000).
(2) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section
101(a)(15)(T)
may not exceed 5,000.
(3) The numerical limitation of paragraph (2) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings,
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or parents of such aliens.
(4)
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An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section
101(a)(15)(T)(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)(T)(ii), if the alien attains 21 years of age after such parent”s application was filed but while it was pending.
(5)
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An alien described in clause (i) of section
101(a)(15)(T)
shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien”s application for status under such clause (i) is filed but while it is pending.
(6)
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In making a determination under section
101(a)(15)(T)(i)(III)(aa)
with respect to an alien, statements from State and local law enforcement officials that the alien has complied with any reasonable request for assistance in the investigation or prosecution of crimes such as kidnapping, rape, slavery, or other forced labor offenses, where severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000) appear to have been involved, shall be considered.
(7)
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(A) Except as provided in subparagraph (B), an alien who is issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(T)
may be granted such status for a period of not more than 4 years.
(B) An alien who is issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(T)
may extend the period of such status beyond the period described in subparagraph
(A) if--
(i) a Federal
,
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State, or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting activity relating to human trafficking or certifies that the presence of the alien in the United States is necessary to assist in the investigation or prosecution of such activity; and
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(ii)
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the alien is eligible for relief under section
245(l)
and is unable to obtain such relief because regulations have not been issued to implement such section; or
(iii)
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the Secretary of Homeland Security determines that an extension of the period of such nonimmigrant status is warranted due to exceptional circumstances.
(C)
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Nonimmigrant status under section
101(a)(15)(T)
shall be extended during the pendency of an application for adjustment of status under section
245(l)
.
(1) PETITIONING PROCEDURES FOR SECTION
101(a)(15)(U)
VISAS- The petition filed by an alien under section
101(a)(15)(U)(i)
shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section
101(a)(15)(U)(iii)
. This certification may also be provided by an official of the Service whose ability to provide such certification is not limited to information concerning immigration violations. This certification shall state that the alien "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of criminal activity described in section
101(a)(15)(U)(iii)
.
(2) NUMERICAL LIMITATIONS-
(A) The number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section
101(a)(15)(U)
in any fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described in section
101(a)(15)(U)(i)
, and not to spouses, children, or, in the case of alien children, the alien parents of such children.
(3) DUTIES OF THE ATTORNEY GENERAL WITH RESPECT TO "U" VISA NONIMMIGRANTS- With respect to nonimmigrant aliens described in subsection (a)(15)(U)--
(A) the Attorney General and other government officials, where appropriate, shall provide those aliens with referrals to nongovernmental organizations to advise the aliens regarding their options while in the United States and the resources available to them; and
(B) the Attorney General shall, during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization.
(4) CREDIBLE EVIDENCE CONSIDERED- In acting on any petition filed under this subsection, the consular officer or the Attorney General, as appropriate, shall consider any credible evidence relevant to the petition.
(5) NONEXCLUSIVE RELIEF- Nothing in this subsection limits the ability of aliens who qualify for status under section
101(a)(15)(U)
to seek any other immigration benefit or status for which the alien may be eligible.
(6)
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DURATION OF STATUS- The authorized period of status of an alien as a nonimmigrant under section
101(a)(15)(U)
shall be for a period of not more than 4 years, but shall be extended upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating or prosecuting criminal activity described in section
101(a)(15)(U)(iii)
that the alien’s presence in the United States is required to assist in the investigation or prosecution of such criminal activity.
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The Secretary of Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section
101(a)(15)(U)
if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien's nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section
245(m)
and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section
245(m)
. The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section
101(a)(15)(U)
.
(A) the Attorney General 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 authorization of employment; and
(B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which any of the following is denied:
(i) The petition filed under section
204
to accord the alien a status under section
203(a)(2)(A)
(or, in the case of a child granted nonimmigrant status based on eligibility to receive a visa under section
203(d)
, the petition filed to accord the child's parent a status under section
203(a)(2)(A)
).
(ii) The alien's application for an immigrant visa pursuant to the approval of such petition.
(iii) The alien's application for adjustment of status under section
245
pursuant to the approval of such petition.
(2) In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under section
101(a)(15)(V)
, the grounds for inadmissibility specified in section
212(a)(9)(B)
shall not apply.
(3) The status of an alien physically present in the United States may be adjusted by the Attorney General, in the discretion of the Attorney General and under such regulations as the Attorney General may prescribe, to that of a nonimmigrant under section
101(a)(15)(V)
, if the alien--
(A) applies for such adjustment;
(B) satisfies the requirements of such section; and
(C) is eligible to be admitted to the United States, except in determining such admissibility, the grounds for inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) of section
212(a)
shall not apply.
(r)
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(1)
A visa shall not be issued under the provisions of section
101(a)(15)(K)(ii)
until the consular officer has received a petition filed in the United States by the spouse of the applying alien and approved by the Attorney General. The petition shall be in such form and contain
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such information as the Attorney General shall, by regulation, prescribe.
Such information shall include information on any criminal convictions of the petitioner for any specified crime.
(2)
In the case of an alien seeking admission under section ACT214FN14 who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section
212(a)(7)(B)
if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded.
(3)
In the case of a nonimmigrant described in section 101(a)(15)(K)(ii), and any child of such a nonimmigrant who was admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30 days after the date on which any of the following is denied:
(A)
The petition filed under section
204
to accord the principal alien status under section
201(b)(2)(A)(i)
.
(B)
The principal alien’s application for an immigrant visa pursuant to the approval of such petition.
(C)
The principal alien's application for adjustment of status under section 245 pursuant to the approval of such petition.
(4)
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(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for fiance(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K)
.
Upon approval of a second visa petition under section
101(a)(15)(K)
for a fiance(e) or spouse filed by the same United States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been entered into the multiple visa petition tracking database. All subsequent fiance(e) or spouse nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the database.
(B)(i) Once a petitioner has had two fiance(e) or spousal petitions approved under clause (i) or (ii) of section
101(a)(15)(K)
,
if a subsequent petition is filed under such section less than 10 years after the date the first visa petition was filed under such section, the Secretary of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent petition about the number of previously approved fiance(e) or spousal petitions listed in the database.
(ii) A copy of the information and resources pamphlet on domestic violence developed under section 833(a) of the International Marriage Broker Regulation Act of 2005 shall be mailed to the beneficiary along with the notification required in clause (i).
(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’ have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005.
(B) The term ‘specified crime’ means the following:
(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.
(iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.