US Codex
Bill
Notes

To modify the requirement to remain outside of the United States for Commonwealth Only Transitional Workers, and for other purposes.

H.R. 1420 · 118th Congress · Mar 7, 2023 · Lineage

A BILL

Section 1 Amendments to the requirement to remain outside the United States

(a)
In general— Section 6(d)(7) of Public Law 94–241 (48 U.S.C. 1806(d)(7)) is amended—
(1)
in subparagraph (A)—
(A)
in the matter preceding clause (i), by striking “subparagraph (B)” and all that follows through “a permit for” and inserting “subparagraphs (B) and (C), a permit for”;
(B)
by striking “(I) shall” and inserting the following:

“(i) shall”

(C)
by striking “(II) may be renewed” and inserting the following:

“(ii) may be renewed”

(D)
by striking “periods; and” and inserting “periods, except that an alien may be eligible for an additional permit for such period if at any time after the expiration of the first renewal period and prior to application for such permit, the alien has remained outside the United States for a continuous period of at least 30 days.”; and
(E)
by striking clause (ii); and
(2)
by adding at the end the following:

“(C) Deferral

“(i) Mandatory deferral—The Secretary of Homeland Security shall defer the requirement to remain outside of the United States until October 1, 2026.

“(ii) Discretionary deferral—The Secretary of Homeland Security may defer this requirement during or in connection with—

“(I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or

“(II) a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).”

(b)
Effective date— The amendments made by this section shall take effect as if included in the enactment of Public Law 115–218.