H.R. 4895 — Afghan Adjustment Act

This section defines terms used in the Act, including (1) appropriate committees of Congress, meaning 10 specified Senate and House committees with jurisdiction over immigration, foreign affairs, armed services, appropriations, and homeland security; (2) immigration laws, meaning as defined in INA §101(a)(17) (8 U.S.C. 1101(a)(17)); (3) Secretary, meaning the Secretary of Homeland Security; (4) special immigrant status, meaning status provided under the Afghan Allies Protection Act of 2009 (P.L. 111-8), NDAA for FY2006 §1059 (P.L. 109-163), or INA §101(a)(27)(N) (8 U.S.C. 1101(a)(27)(N)) as added by section 7(a); (5) specified application, meaning a pending, documentarily complete application for special immigrant status or a U.S. Refugee Admissions Program case with a Priority 1 or Priority 2 referral; and (6) United States Refugee Admissions Program, meaning the refugee resettlement program under INA §§101(a)(42), 207, and 412 (8 U.S.C. 1101(a)(42), 1157, 1522).

This section requires the Secretary of State to respond to congressional inquiries regarding the status of specified applications submitted by or on behalf of Afghan nationals, including information provided to the applicant, in accordance with INA §222(f) (8 U.S.C. 1202(f)). It further directs the Secretary, during periods without an operational U.S. embassy in Afghanistan, to designate a Department of State office to (1) review specified applications from Afghan nationals residing in Afghanistan, including conducting interviews; (2) issue visas or other travel documents in accordance with immigration laws; (3) provide services normally offered by an embassy, to the greatest extent practicable; and (4) carry out other necessary functions.

This section establishes conditional permanent resident status—equivalent to that under INA §§216 and 216A—for eligible Afghan citizens, nationals, or habitual residents present in the United States who (1) have not previously obtained permanent resident status; (2) were inspected and admitted before enactment or paroled from July 30, 2021, through enactment (provided parole was not terminated and entry was not between southwest land border ports of entry); and (3) are admissible under INA §212, including available waivers. The Secretary of Homeland Security may adjust such individuals to conditional permanent resident status following an assessment equivalent in rigor to U.S. Refugee Admissions Program vetting (excluding public charge grounds under INA §212(a)(4)) and, if granted, create a record of admission effective the later of the individual's initial U.S. entry or July 30, 2021. The Secretary may remove conditions after the earlier of four years from the individual's U.S. entry or July 1, 2027—unless inadmissible under criminal or security grounds in INA §212(a)(2)-(3), without waiver except for humanitarian purposes or family unity (not applicable to terrorism, security, or certain criminal grounds)—and, to the greatest extent practicable, must do so for all eligible individuals within 180 days thereafter. Time in conditional status counts toward naturalization requirements as lawful permanent residence.

This section defines an "Afghan ally" to include certain Afghan citizens or nationals (or stateless persons last habitually resident in Afghanistan) who were members of specified Afghanistan National Defense and Security Forces (ANDSF) entities (e.g., special operations forces, Afghan Air Force, Special Mission Wing), female members or civilian employees of ANDSF-related entities, individuals associated with Afghan intelligence or counterterrorism activities, justice sector personnel involved in Taliban-related cases, or those who provided at least one year of service to such entities in support of the U.S. mission in Afghanistan from December 22, 2001, to September 1, 2021. It designates Afghan allies as refugees of special humanitarian concern eligible for priority admission under INA §207 (8 U.S.C. 1157) until 10 years after enactment or earlier termination by the Secretary of State (in consultation with the Secretaries of Defense and Homeland Security), and waives the third-country presence requirement to enable remote refugee processing for those in Afghanistan. It directs the Secretary of Defense and heads of other relevant agencies, within 180 days of enactment, to establish application processes—including a secure online portal—for classification as an Afghan ally and referral to the U.S. Refugee Admissions Program, with reviews based on service records, supporting documentation, biometrics, and interagency data.

This section authorizes the Department of Homeland Security (DHS) Secretary to accept fingerprint cards or other biometrics for Immigration and Nationality Act (INA) benefit applications (1) prepared by international or nongovernmental organizations under agreement, (2) prepared by DHS or Department of State employees or contractors, or (3) provided by an agency (as defined in 44 U.S.C. 3502), subject to safeguards including identity verification against prior fingerprints. The section directs the Secretaries of State, Homeland Security, and Defense, along with other vetting agencies, to ensure sufficient staffing for vetting referrals to the U.S. Refugee Admissions Program (USRAP, under INA §207) and special immigrant status applicants; it also directs the Secretary of Health and Human Services to ensure sufficient staffing for refugee resettlement assistance (under INA §1521 et seq.). The section authorizes the Secretaries of State and Homeland Security to use remote processing for USRAP, including secure digital file transfers, videoconferencing, remote interviews and application reviews, signature waivers (except final oath verification prior to or at U.S. admission, with waiver for children under age 5), and other secure capabilities to reduce wait times. The section requires monthly U.S. Refugee Admissions Program arrival reports by the Secretary of State to include (1) refugee admissions disaggregated by priorities and (2) Afghan allies admitted as refugees. The section establishes an Interagency Task Force on Afghan Ally Strategy, chaired by the Secretary of State with representatives from State, DHS, Defense, Health and Human Services, Justice, and the Office of the Director of National Intelligence. Not later than 180 days after enactment, the task force must submit to congressional committees a report including (1) a strategy for resettling Afghan nationals who directly supported the U.S. mission in Afghanistan from October 1, 2001, through September 1, 2021 (as determined by the Secretaries of State and Defense), and (2) a contingency plan for future emergency operations involving foreign nationals who worked directly with the U.S. government; the report must detail pending Afghan applications disaggregated by location, type, and documentary completeness.

This section expands and extends special immigrant visa (SIV) programs under the Immigration and Nationality Act (INA) and Afghan Allies Protection Act of 2009 for certain Afghan nationals. (1) Adds new INA §101(a)(27)(N) to provide SIVs for parents or siblings of U.S. Armed Forces members (as defined in 10 U.S.C. §101(a)) or veterans (as defined in 38 U.S.C. §101), limited to 2,500 principal aliens per fiscal year (with carryover of unused visas) and 10,000 total, available from enactment until exhausted. (2) Revises Afghan Allies Protection Act §602(b)(2)(A)(ii) to broaden employment eligibility for SIVs to include Afghans employed by or on behalf of the U.S. government or International Security Assistance Force (ISAF) for at least one year on or after October 7, 2001 (or for any period if wounded or seriously injured in connection with such employment), and makes conforming changes to related paragraphs. (3) Extends Afghan Allies Protection Act SIV authority through FY2029 (from FY2022), December 31, 2029 (from December 31, 2024), and January 31, 2030 (from January 31, 2024). (4) Authorizes virtual video interviews and oaths for Afghan SIV applications under Afghan Allies Protection Act §602(b)(4), notwithstanding INA §222(e). (5) Revises Afghan Allies Protection Act §602(b)(12) to require the Secretaries of State and Homeland Security (in consultation with Defense) to submit quarterly reports to congressional committees beginning 120 days after enactment—detailing processing improvements, Afghan refugee referrals (by entity), U.S. Citizenship and Immigration Services interviews (by country), and related metrics for the prior quarter.

This section authorizes the Secretary of Homeland Security and the Secretary of State, for 10 years from enactment, to waive or exempt Afghan nationals from any fees or surcharges collected by their respective departments in connection with petitions, applications, or issuance of immigrant visas under INA §201(b)(2)(A)(i) (special immigrants exempt from numerical limits, i.e., certain Afghan SIV holders) or §203(a) (family-sponsored immigrants subject to annual numerical limits).

This section requires the Secretary of Homeland Security, beginning January 1, 2028, to submit quarterly reports to the Senate and House Judiciary Committees on individuals granted conditional permanent resident status under section 4 of the Act that include, for the preceding quarter, (1) the number of such individuals disaggregated by those whose conditions have been removed; (2) the number determined ineligible for removal of conditions and the reasons for such determinations; and (3) the number for whom no determination has been made and the reasons for the lack of determination. The section further requires annual reports, prepared in consultation with the Attorney General and submitted to the appropriate congressional committees, that include, for the preceding year with respect to such individuals, (1) the number placed in removal proceedings under INA §240 charged with deportability under INA §237(a)(2) (criminal and related grounds), disaggregated by each ground; (2) the number so charged under INA §237(a)(3) (security and related grounds), disaggregated by each ground; (3) the number of final removal orders issued in such proceedings, disaggregated by ground; (4) the number of such proceedings pending, disaggregated by ground; and (5) a review of available removal options, including changes in their feasibility.

This section provides a rule of construction stating that, except as expressly provided, nothing in the Act or its amendments modifies, expands, or limits authorities to process or admit refugees under INA §207 (8 U.S.C. 1157)—which authorizes the President to set annual refugee admission ceilings based on humanitarian concerns or national interest—or applicants for immigrant visas under the immigration laws.