What This Bill Does
This bill changes the rules for Commonwealth Only Transitional Workers (workers allowed to work temporarily in U.S. territories) regarding how long they must stay outside the United States. The bill allows these workers to stay in or return to the U.S. under certain conditions and delays a requirement for them to leave the country.
Who It Affects
Commonwealth Only Transitional Workers (foreign workers with temporary work permits in U.S. territories) and the Secretary of Homeland Security (the federal official who oversees immigration and border security).
Key Provisions
• Workers may get an additional work permit if they have stayed outside the United States for at least 30 days after their first permit expires, before applying for a new permit (Sec. 1(a)(1)(D))
• The Secretary of Homeland Security must delay the requirement for workers to remain outside the United States until October 1, 2026 (Sec. 1(a)(2)(C)(i))
• The Secretary of Homeland Security may delay this requirement during or after a presidentially declared major disaster, emergency, or national emergency (Sec. 1(a)(2)(C)(ii))
What Changes
The bill modifies existing law to allow workers to obtain additional permits without waiting long periods outside the country, and it suspends the requirement to stay outside the U.S. until October 1, 2026, with possible additional delays during disasters or national emergencies.
Important Definitions
None defined in the bill text.
Effective Date
The changes take effect as if they were included in Public Law 115-218 (Sec. 1(b)).
I
118TH CONGRESS
1ST SESSION H. R. 1420
To modify the requirement to remain outside of the United States for
Commonwealth Only Transitional Workers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 7, 2023
Mr. SABLAN introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To modify the requirement to remain outside of the United
States for Commonwealth Only Transitional Workers,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. AMENDMENTS TO THE REQUIREMENT TO RE-
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MAIN OUTSIDE THE UNITED STATES.
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(a) IN GENERAL.—Section 6(d)(7) of Public Law
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94–241 (48 U.S.C. 1806(d)(7)) is amended—
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(1) in subparagraph (A)—
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•HR 1420 IH
(A) in the matter preceding clause (i), by
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striking ‘‘subparagraph (B)’’ and all that fol-
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lows through ‘‘a permit for’’ and inserting
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‘‘subparagraphs (B) and (C), a permit for’’;
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(B) by striking ‘‘(I) shall’’ and inserting
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the following:
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‘‘(i) shall’’;
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(C) by striking ‘‘(II) may be renewed’’ and
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inserting the following:
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‘‘(ii) may be renewed’’;
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(D) by striking ‘‘periods; and’’ and insert-
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ing ‘‘periods, except that an alien may be eligi-
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ble for an additional permit for such period if
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at any time after the expiration of the first re-
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newal period and prior to application for such
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permit, the alien has remained outside the
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United States for a continuous period of at
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least 30 days.’’; and
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(E) by striking clause (ii); and
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(2) by adding at the end the following:
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‘‘(C) DEFERRAL.—
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‘‘(i) MANDATORY
DEFERRAL.—The
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Secretary of Homeland Security shall defer
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the requirement to remain outside of the
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United States until October 1, 2026.
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‘‘(ii) DISCRETIONARY
DEFERRAL.—
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The Secretary of Homeland Security may
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defer this requirement during or in connec-
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tion with—
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‘‘(I) a presidentially declared
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major disaster or emergency under
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section 401 or 501 of the Robert T.
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Stafford Disaster Relief and Emer-
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gency Assistance Act (42 U.S.C. 5170
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or 5191); or
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‘‘(II) a presidentially declared na-
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tional emergency under section 201 of
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the National Emergencies Act (50
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U.S.C. 1601 et seq.).’’.
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(b) EFFECTIVE DATE.—The amendments made by
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this section shall take effect as if included in the enact-
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ment of Public Law 115–218.
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Æ
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