Pub. L. 117-31, tit. IV (as amended)

403.special immigrant status for certain surviving spouses and children.(a)Immigration and Nationality Act.—Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended—(1)by striking an immigrant who is an employee and insertingan immigrant who—(i)is an employee; and(2)by striking grant such status; and insertinggrant such status; or(ii)is the surviving spouse or child of an employee of the United States Government abroad: Provided, That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;.(b)Afghan Allies Protection Act of 2009.—Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—(1)in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving such items 2 ems to the right;(2)by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right;(3)in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following:(I)In general.—An alien is described;(4)in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission; and(5)by adding at the end the following:(II)Employment requirements.—An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal alien’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal alien’s death..(c)Refugee Crisis in Iraq Act of 2007.—Section 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended—(1)by striking described in subsection (b) and inserting in this subsection;(2)in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right;(3)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right;(4)in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following:(A)In general.—An alien is described;(5)in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission; and(6)by adding at the end the following:(B)Employment requirements.—An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal alien’s filing of an application for the first time, or if the principal alien did not file an application, the employment requirements as of the date of the principal alien’s death..(d)8 U.S.C. 1101 noteEffective Date.—The amendments made by this section shall be effective on June 30, 2021, and shall have retroactive effect.(e)Emergency Requirement.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.