This bill establishes a mechanism for eligible non-U.S. nationals (aliens under federal law) who worked as essential workers during the declared COVID-19 public health emergency to apply for and obtain lawful permanent resident status (sometimes referred to as a green card). The bill also narrows certain grounds for deportability and inadmissibility.
To be eligible for a green card under this bill, an individual must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An individual may also be eligible if that individual is a parent, spouse, or child of (1) an eligible individual who died from COVID-19, or (2) a member of the Armed Forces. Certain individuals shall be ineligible, such as an individual who was a refugee on January 1, 2023.
To obtain a green card under this bill, an applying individual must satisfy additional requirements, including by passing a background check.
Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to individuals who were previously removed or unlawfully present.)
The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions.
The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.
