What This Bill Does
This bill changes the Afghan Allies Protection Act to allow certain Afghan citizens who participated in educational exchange programs to get special immigrant visas (a type of visa allowing someone to immigrate permanently to the United States). The bill adds Afghan Fulbright Scholars and participants in similar educational programs to those eligible for these visas.
Who It Affects
Afghan citizens or nationals who were selected to participate in educational exchange programs between October 7, 2001 and August 31, 2023, including those in the Fulbright program, the Hubert H. Humphrey Fellowship Program, and the International Visitor Leadership Program.
Key Provisions
• Afghan nationals selected for the J. William Fulbright Educational Exchange Program, including Scholar-in-Residence Grants and the Foreign Language Teaching Assistant Program, become eligible for special immigrant visas (Sec. 2(a))
• Afghan nationals selected for the Hubert H. Humphrey Fellowship Program become eligible for special immigrant visas (Sec. 2(a))
• Afghan nationals selected for the International Visitor Leadership Program become eligible for special immigrant visas (Sec. 2(a))
• Afghan nationals in any other educational or cultural exchange activity run by the Secretary of State (the head of the U.S. State Department) can be eligible for special immigrant visas if the Secretary determines they qualify (Sec. 2(a))
• Afghan scholars granted immigrant status through this bill do not count toward any numerical limits on immigration under existing law (Sec. 2(b))
What Changes
If this bill becomes law, Afghan educational exchange program participants will be added as a new category of people eligible for special immigrant visas. Their visas will not reduce the number of visas available to other immigration categories.
Important Definitions
Special immigrant visa: a visa that allows someone to immigrate permanently to the United States and live there as a permanent resident.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1832
To amend the Afghan Allies Protection Act to provide special immigrant
visas to certain Fulbright Scholars, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2023
Mr. GARAMENDI introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Afghan Allies Protection Act to provide special
immigrant visas to certain Fulbright Scholars, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Special Immigrant
4
Visas for Afghan Fulbright Scholars Act of 2023’’.
5
SEC. 2. SPECIAL IMMIGRANT VISAS FOR CERTAIN FUL-
6
BRIGHT SCHOLARS.
7
(a) SPECIAL
IMMIGRANT
VISAS
FOR
CERTAIN
8
SCHOLARS.—Section 602(b) of the Afghan Allies Protec-
9
tion Act of 2009 (8 U.S.C. 1101 note) is amended—
10
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1832 IH
(1) in paragraph (1), by striking ‘‘an alien de-
1
scribed in subparagraph (A), (B), or (C) of para-
2
graph (2)’’ and inserting ‘‘an alien described in sub-
3
paragraph (A), (B), (C), or (D) of paragraph (2)’’;
4
(2) in paragraph (2)—
5
(A) in subparagraph (A)(iii), by striking
6
‘‘subparagraph (D)’’ and inserting ‘‘subpara-
7
graph (E)’’;
8
(B) by redesignating subparagraphs (B),
9
(C), (D), (E), and (F) as subparagraphs (C),
10
(D), (E), (F), and (G), respectively;
11
(C) by inserting after subparagraph (A)
12
the following:
13
‘‘(B) FULBRIGHT AND OTHER SCHOLARS
14
AS PRINCIPAL ALIEN.—An alien is described in
15
this subparagraph if the alien is a national or
16
citizen of Afghanistan and was selected between
17
October 7, 2001 and August 31, 2023, to par-
18
ticipate in—
19
‘‘(i) the J. William Fulbright Edu-
20
cational Exchange Program authorized
21
under section 102 of the Mutual Edu-
22
cational and Cultural Exchange Act of
23
1961 (22 U.S.C. 2452(a)(1)) including the
24
Fulbright Scholar-in-Residence Grants and
25
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1832 IH
the Fulbright Foreign Language Teaching
1
Assistant Program;
2
‘‘(ii) the Hubert H. Humphrey Fel-
3
lowship Program pursuant to section
4
112(a)(2) of the Mutual Educational and
5
Cultural Exchange Act of 1961 (22 U.S.C.
6
2460(a)(2));
7
‘‘(iii) the International Visitor Leader-
8
ship
Program
pursuant
to
section
9
112(a)(3) of the Mutual Educational and
10
Cultural Exchange Act of 1961 (22 U.S.C.
11
2460(a)(3)); or
12
‘‘(iv) any other educational or cultural
13
exchange activity administered by the Sec-
14
retary of State pursuant to sections 102 or
15
112 of the Mutual Educational and Cul-
16
tural Exchange Act of 1961 (22 U.S.C.
17
2452; 22 U.S.C. 2460) for which the Sec-
18
retary determines that a participating alien
19
is eligible for a special immigrant visa
20
under this paragraph.’’;
21
(D) in subparagraph (C), as redesignated
22
by subparagraph (B), by striking ‘‘subpara-
23
graph (A)’’ and inserting ‘‘subparagraph (A) or
24
(B)’’; and
25
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1832 IH
(E) in subparagraph (D), as redesignated
1
by subparagraph (B), by striking ‘‘subpara-
2
graph (A)’’ each place it appears and inserting
3
‘‘subparagraph (A) or (B)’’;
4
(3) in paragraph (4)(C), by striking ‘‘an alien
5
described in subparagraph (A), (B), or (C) of para-
6
graph (2)’’ and inserting ‘‘an alien described in sub-
7
paragraph (A), (B), (C), or (D) of paragraph (2)’’;
8
(4) in paragraph (5), by striking ‘‘an alien de-
9
scribed in subparagraph (A), (B), or (C) of para-
10
graph (2)’’ and inserting ‘‘an alien described in sub-
11
paragraph (A), (B), (C), or (D) of paragraph (2)’’;
12
(5) in paragraph (6), by striking ‘‘an alien de-
13
scribed in subparagraph (A), (B), or (C) of para-
14
graph (2)’’ and inserting ‘‘an alien described in sub-
15
paragraph (A), (B), (C), or (D) of paragraph (2)’’;
16
and
17
(6) in paragraph (9), by striking ‘‘an alien de-
18
scribed in subparagraph (A), (B), or (C) of para-
19
graph (2)’’ and inserting ‘‘an alien described in sub-
20
paragraph (A), (B), (C), or (D) of paragraph (2)’’.
21
(b) NUMERICAL LIMITATIONS.—Section 602(b)(3) of
22
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
23
note) is amended—
24
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 1832 IH
(1) by redesignating subparagraphs (B), (C),
1
(D), (E), and (F) as subparagraphs (C), (D), (E),
2
(F), and (G), respectively;
3
(2) in subparagraph (A), by striking ‘‘(C)’’ and
4
inserting ‘‘(D)’’;
5
(3) by inserting after subparagraph (A) the fol-
6
lowing new subparagraph:
7
‘‘(B) FULBRIGHT
AND
OTHER
SCHOL-
8
ARS.—An alien provided immigrant status pur-
9
suant to subparagraph (2)(B) shall not be
10
counted against any numerical limitation under
11
this section, or section 201, 202, 203, or 207
12
of the Immigration and Nationality Act (8
13
U.S.C. 1151, 1152, 1153, and 1157).’’;
14
(4) in subparagraph (E), as redesignated by
15
paragraph (1),—
16
(A) by striking ‘‘paragraph (C)’’ and in-
17
serting ‘‘subparagraph (D)’’; and
18
(B) by striking ‘‘subsection (b)(2)(D)’’ and
19
inserting ‘‘paragraph (2)(E)’’;
20
(5) in subparagraph (F), as redesignated by
21
paragraph (1),—
22
(A) by striking ‘‘paragraph (2)(D)’’ and
23
inserting ‘‘paragraph (2)(E)’’; and
24
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 1832 IH
(B) by striking ‘‘subparagraph (D)’’ each
1
place that it appears and inserting ‘‘subpara-
2
graph (E)’’; and
3
(6) in subparagraph (G), as redesignated by
4
paragraph (1)—
5
(A) by striking ‘‘subparagraph (D)’’ and
6
inserting ‘‘subparagraph (E)’’;
7
(B) by striking ‘‘subparagraphs (D) and
8
(E)’’ and inserting ‘‘subparagraphs (E) and
9
(F)’’; and
10
(C) in clause (ii), by striking ‘‘paragraph
11
(2)(D)’’ and inserting ‘‘paragraph (2)(E)’’.
12
Æ
VerDate Sep 11 2014
04:00 Apr 08, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H1832.IH
H1832
pbinns on DSKJLVW7X2PROD with $$_JOB