H.R. 5333 — 9/11 Immigrant Worker Freedom Act

This section directs the Secretary of Homeland Security (or Attorney General) to adjust the status of eligible noncitizen workers and volunteers to that of lawful permanent residents if they apply within 18 months of enactment (extendable for compelling circumstances), excluding those who willfully made material misrepresentations. Eligibility covers (1) those who worked or volunteered onsite for at least 4 hours during September 11-14, 2001; 24 hours during September 11-30, 2001; or 80 hours during September 11, 2001-July 31, 2002, in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal Street), the Staten Island Landfill, or barge loading piers; (2) vehicle-maintenance workers exposed to World Trade Center debris during September 11, 2001-July 31, 2002; (3) fire or police department members (active, retired, or emergency personnel), recovery/cleanup contractor employees, or volunteers performing rescue, recovery, demolition, debris cleanup, or related services at the Pentagon during September 11-November 19, 2001; or (4) similar personnel at the Shanksville, Pennsylvania, crash site during September 11-October 3, 2001. The section provides employment authorization during application pendency; waives application fees for aliens with income no greater than 250% of the Federal poverty guidelines (as defined in 42 U.S.C. 9902(2)), recipients of means-tested benefits, or those facing extraordinary financial hardship (with 90-day corrective filing and public charge protections); preserves existing background check authorities; and requires interim final rules in the Federal Register within 90 days of enactment (effective immediately, notwithstanding notice-and-comment or Paperwork Reduction Act requirements), with final rules within 180 days.