Section 1 Short title
This Act may be cited as the “Afghan Allies Protection Act of 2021”.
Afghan Allies Protection Act of 2021
A BILL
To amend the Afghan Allies Protection Act of 2009 to make 4,000 visas available for the Afghan Special Immigrant Visa program, and for other purposes.
Sec. 2 Special immigrant visas for afghan allies
In general— Section 602(b)(2)(A)(ii) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended, in the matter preceding subclause (I), by inserting “for the first time” after “submitting a petition”.
Numerical limitations— Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
by striking subparagraph (A) and inserting the following:
“(A) Fiscal year 2021
“(i) In general—In addition to any unused balance under subparagraph (F), for fiscal year 2021, not more than 4,000 principal aliens may be granted special immigrant status under this subsection.
“(ii) Period of employment—For purposes of this subparagraph, the period of employment referred to in paragraph (2)(A)(ii) shall end not later than December 31, 2023.
“(iii) Application—For purposes of this subparagraph, not later than December 31, 2023, a principal alien seeking special immigrant status under this subsection shall submit an application to the Chief of Mission.”
by striking subparagraph (C) and inserting the following:
“(C) Carry forward—If the numerical limitation described in subparagraph (A)(i) is not reached for fiscal year 2021, the numerical limitation for each subsequent fiscal year shall be established at a number equal to the difference between—
“(i) the numerical limitation described in subparagraph (A)(i); and
“(ii) the number of principal aliens granted special immigrant status under this subsection during each fiscal year beginning in fiscal year 2021.”
in subparagraph (D), by striking “notwithstanding the provisions of paragraph (C),”; and
in subparagraph (F), as amended by this Act,—
by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
in the matter preceding subclause (I) (as so redesignated), in the second sentence, by striking “For purposes” and inserting the following:
“(ii) Requirements—For purposes”
in the matter preceding clause (ii) (as so designated)—
by striking “exhausted,,” and inserting “exhausted,”; and
by striking “In addition” and inserting the following:
“(i) In general—In addition”
by adding at the end the following:
“(iii) Unused visas—Any unused balance under this subparagraph shall be added to the number under subparagraph (A)(i) for use in fiscal year 2021.”
Conversion of petitions— Section 2 of Public Law 110–242 (8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following:
“(b) Duration—The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 8 U.S.C. 1157 note) is reached.”