bseoima §2309 (2013): V NONIMMIGRANT VISAS

NONIMMIGRANT ELIGIBILITY.—Subparagraph (V) of section 101(a)(15)(8 U.S.C. 1101(a)(15)) is amended to read as follows:

i. subject to section 214(q)(1)and section 212(a)(4), an alien who is the beneficiary of an approved petition under section 203(a)as—

I.: the unmarried son or unmarried daughter of a citizen of the United States;
II.: the unmarried son or unmarried daughter of an alien lawfully admitted for permanent residence; or
III.: the married son or married daughter of a citizen of the United States and who is 31 years of age or younger; or

ii.

subject to section 214(q)(2), an alien who is—

I.: the sibling of a citizen of the United States; or
II.: the married son or married daughter of a citizen of the United States and who is older than 31 years of age.

EMPLOYMENT AND PERIOD OF ADMISSION OF NONIMMIGRANTS DESCRIBED IN SECTION 101(A)(15)(V).— Section 214(q)(8 U.S.C. 1184(q)) is amended to read as follows:

q.

NONIMMIGRANTS DESCRIBED IN SECTION 101(A)(15)(V).—

1.

CERTAIN SONS AND DAUGHTERS.—

A.

EMPLOYMENT AUTHORIZATION.—The Secretary shall—

i.: authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V)(i)to engage in employment in the United States during the period of such nonimmigrant’s authorized admission; and
ii.: provide such a nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment.

B.

TERMINATION OF ADMISSION.—The period of authorized admission for such a nonimmigrant shall terminate 30 days after the date on which—

i.: such nonimmigrant’s application for an immigrant visa pursuant to the approval of a petition under subsection (a)or (c) of section 203is denied; or
ii.: such nonimmigrant’s application for adjustment of status under section 245pursuant to the approval of such a petition is denied.

2.

SIBLINGS AND SONS AND DAUGHTERS OF CITIZENS.—

A.: EMPLOYMENT AUTHORIZATION.—The Secretary may not authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V)(ii)to engage in employment in the United States.
B.: PERIOD OF ADMISSION.—The period of authorized admission as such a nonimmigrant may not exceed 60 days per fiscal year.
C.: TREATMENT OF PERIOD OF ADMISSION.—An alien admitted under section 101(a)(15)(V)may not receive an allocation of points pursuant to section 203(c) for residence in the United States while admitted as such a nonimmigrant.

PUBLIC BENEFITS.—A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is not eligible for any means-tested public benefits (as such term is defined [Schumer1]and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). A noncitizen admitted under this section is—

1.: is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her coverage;
2.: shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section;
3.: shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(e)); and
4.: shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.

EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

§ 2309 : V NONIMMIGRANT VISAS