119-s2886

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2886 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2886

 To amend the Immigration and Nationality Act to authorize lawful 
permanent resident status for certain college graduates who entered the 
 United States as children, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 18 (legislative day, September 16), 2025

 Mr. Padilla (for himself, Mr. Paul, Mr. Durbin, Ms. Collins, Ms. 
 Klobuchar, Ms. Murkowski, Mr. Coons, Mr. Cramer, Mr. King, and Mr. 
 Curtis) introduced the following bill; which was read twice and 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend the Immigration and Nationality Act to authorize lawful 
permanent resident status for certain college graduates who entered the 
 United States as children, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``America's CHILDREN Act of 2025'' or 
the ``Protecting Children of Long-Term Visa Holders Act of 2025''.

SEC. 2. PERMANENT RESIDENT STATUS FOR CERTAIN COLLEGE GRADUATES WHO 
 ENTERED THE UNITED STATES AS CHILDREN.

    (a) Requirements.--

Section 201

    (b)

    (1) of the Immigration and 
Nationality Act (8 U.S.C. 1151

    (b)

    (1) ) is amended by adding at the end 
the following:
 ``
        (F) Any alien who--
 ``
            (i) is not inadmissible under 

section 212

    (a) or 
 deportable under 

section 237

    (a) ;
 ``
            (ii) was lawfully present in the United States as 
 a dependent child of a nonimmigrant admitted to engage 
 in employment in the United States (other than a 
 nonimmigrant described in subparagraph
        (A) ,
        (G) ,
        (N) , 
 or
        (S) of 

section 101

    (a)

    (15) ) for an aggregate period 
 of not less than 8 years;
 ``
            (iii) on the date on which an application under 
 

section 204

    (a)

    (1)
            (M) is submitted, has been lawfully 
 present in the United States for an aggregate period of 
 not less than 10 years; and
 ``
            (iv) has graduated from an institution of higher 
 education (as defined in 

section 102

    (a) of the Higher 
 Education Act of 1965 (20 U.S.C. 1002

    (a) )) in the 
 United States.''.

    (b) Petition.--

Section 204

    (a)

    (1) of the Immigration and Nationality 
Act (8 U.S.C. 1154

    (a)

    (1) ) is amended by adding at the end the 
following:
 ``
            (M) Any alien entitled to classification under 

section 201

    (b)

    (1)
        (F) may file a petition with the Secretary of Homeland 
Security for such classification.''.

SEC. 3. AGE-OUT PROTECTIONS AND PRIORITY DATE RETENTION.

    (a) Age-Out Protections.--

    (1) In general.--The Immigration and Nationality Act (8 
 U.S.C. 1101 et seq.) is amended--
        (A) in 

section 101

    (b) (8 U.S.C. 1101

    (b) ), by adding 
 at the end the following:
 ``

    (6) Determination of Child Status.--A determination as to whether 
an alien is a child shall be made as follows:
 ``
        (A) In general.--For purposes of a petition under 

section 204 and any subsequent application for an immigrant visa or 
 adjustment of status, such determination shall be made using 
 the age of the alien on the earlier of--
 ``
            (i) the date on which the petition is filed with 
 the Secretary of Homeland Security; or
 ``
            (ii) the date on which an application for a labor 
 certification under 

section 212

    (a)

    (5)
        (A)
            (i) is filed 
 with the Secretary of Labor.
 ``
        (B) Certain dependents of nonimmigrants.--With respect to 
 an alien who, for an aggregate period of 8 years before 
 attaining the age of 21, was in the status of a dependent child 
 of a nonimmigrant pursuant to a lawful admission as an alien 
 eligible to be employed in the United States (other than a 
 nonimmigrant described in subparagraph
        (A) ,
        (G) ,
        (N) , or
        (S) of 
 

section 101

    (a)

    (15) ), notwithstanding clause
            (i) , the 
 determination of the alien's age shall be based on the date on 
 which such initial nonimmigrant employment-based petition or 
 application was filed by the alien's nonimmigrant parent.
 ``
            (C) Failure to acquire status as alien lawfully admitted 
 for permanent residence.--With respect to an alien who has not 
 sought to acquire status as an alien lawfully admitted for 
 permanent residence during the 2 years beginning on the date on 
 which an immigrant visa becomes available to such alien, the 
 alien's age shall be determined based on the alien's biological 
 age, unless the failure to seek to acquire such status was due 
 to extraordinary circumstances.''; and
        (B) in 

section 201

    (f) (8 U.S.C. 1151)--
            (i) by striking the subsection heading and 
 all that follows through ``Termination date.--
 '' in paragraph

    (3) and inserting ``Rule for 
 Determining Whether Certain Aliens Are 
 Immediate Relatives.--''; and
            (ii) by striking paragraph

    (4) .

    (2) Effective date.--
        (A) In general.--The amendments made by this 
 subsection shall be effective as if included in the 
 Child Status Protection Act (Public Law 107-208; 116 
 Stat. 927).
        (B) Motion to reopen or reconsider.--
            (i) In general.--A motion to reopen or 
 reconsider the denial of a petition or 
 application described in the amendment made by 
 paragraph

    (1)
        (A) may be granted if--
            (I) such petition or application 
 would have been approved if the 
 amendment described in such paragraph 
 had been in effect at the time of 
 adjudication of the petition or 
 application;
            (II) the individual seeking relief 
 pursuant to such motion was in the 
 United States at the time the 
 underlying petition or application was 
 filed; and
            (III) such motion is filed with the 
 Secretary of Homeland Security or the 
 Attorney General not later than the 
 date that is 2 years after the date of 
 the enactment of this Act.
            (ii) Exemption from numerical 
 limitations.--Notwithstanding any other 
 provision of law, an individual granted relief 
 pursuant to a motion to reopen or reconsider 
 under clause
            (i) shall be exempt from the 
 numerical limitations in sections 201, 202, and 
 203 of the Immigration and Nationality Act (8 
 U.S.C. 1151, 1152, and 1153).

    (b) Nonimmigrant Dependent Children.--

Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at 
the end the following:
 ``

    (s) Derivative Beneficiaries.--
 ``

    (1) In general.--Except as described in paragraph

    (2) , 
 the determination as to whether an alien who is the derivative 
 beneficiary of a properly filed pending or approved immigrant 
 petition under 

section 204 is eligible to be a dependent child 
 shall be based on whether the alien is determined to be a child 
 under 

section 101

    (b)

    (6) .
 ``

    (2) Long-term dependents.--If otherwise eligible, an 
 alien who is determined to be a child pursuant to 

section 101

    (b)

    (6)
        (B) may change status to, or extend status as, a 
 dependent child of a nonimmigrant with an approved employment-
 based petition under this section or an approved application 
 under 

section 101

    (a)

    (15)
        (E) , notwithstanding such alien's 
 marital status.
 ``

    (3) Employment authorization.--An alien admitted to the 
 United States as a dependent child of a nonimmigrant who is 
 described in this section is authorized to engage in employment 
 in the United States incident to status.''.
            (c) Priority Date Retention.--

Section 203

    (h) of the Immigration and 
Nationality Act (8 U.S.C. 1153

    (h) ) is amended--

    (1) by striking the subsection heading and inserting 
 ``Retention of Priority Dates'';

    (2) by striking paragraphs

    (1) through

    (4) ;

    (3) by redesignating paragraph

    (5) as paragraph

    (3) ; and

    (4) by inserting before paragraph

    (3) the following:
 ``

    (1) In general.--The priority date for an individual 
 shall be the date on which a petition under 

section 204 is 
 filed with the Secretary of Homeland Security or the Secretary 
 of State, as applicable, unless such petition was preceded by 
 the filing of a labor certification with the Secretary of 
 Labor, in which case the date on which the labor certification 
 is files shall be the priority date.
 ``

    (2) Applicability.--The principal beneficiary and all 
 derivative beneficiaries shall retain the priority date 
 associated with the earliest of any approved petition or labor 
 certification, and such priority date shall be applicable to 
 any subsequently approved petition.''.
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