H.R. 5333: 9/11 Immigrant Worker Freedom Act

This bill, known as the 9/11 Immigrant Worker Freedom Act, aims to provide certain individuals who offered services related to the September 11, 2001, terrorist attacks an opportunity to obtain lawful permanent residency (Green Card status) in the United States. Here’s a breakdown of its key provisions:

Adjustment of Status

The bill allows individuals who meet specific criteria related to their involvement in rescue, recovery, cleanup, or related activities after the September 11 attacks to apply for adjustment of status to that of a lawful permanent resident. This application must be made within 18 months of the bill's enactment, with the possibility for extensions in compelling circumstances.

Eligible Individuals

Individuals who can apply must have:

• Worked or volunteered on-site in rescue or cleanup operations in specified areas of New York City, Staten Island, or at the Pentagon or Shanksville sites for designated hours within specific timeframes.
• Specifically, those who:
• Worked onsite in rescue, recovery, debris cleanup, or related services for at least:
• 4 hours between September 11, 2001, and September 14, 2001;
• 24 hours between September 11, 2001, and September 30, 2001; or
• 80 hours between September 11, 2001, and July 31, 2002.
• Were vehicle-maintenance workers exposed to debris, helping to retrieve and maintain vehicles contaminated by debris for any time during the same period.
• Members of a fire or police department, emergency personnel, workers for recovery contractors, or volunteers who were involved in similar activities at the Pentagon or Shanksville sites during specified periods.

Work Authorization

Individuals who apply for adjustment of status under this bill will be granted authorization to work in the United States while their application is being processed.

Fee Waivers

The bill allows for fee waivers for individuals who demonstrate financial hardship, meaning they could qualify based on:

• Receiving certain government benefits;
• Having an income up to 250% of the federal poverty guidelines;
• Experiencing extraordinary financial hardship preventing the payment of application fees.

If an applicant is initially found ineligible for a fee waiver, they can still submit additional evidence to qualify.

Confidentiality Protection

Information provided in applications for adjustment under this bill cannot be shared for immigration enforcement purposes. There are limited exceptions for sharing information with federal security and law enforcement agencies under certain conditions, such as preventing fraud or national security purposes.

No Visa Cap Impact

Granting permanent residency under this bill will not reduce the number of immigrant visas available through existing immigration laws.

Implementation and Regulations

The Secretary of Homeland Security is required to publish interim rules to implement the bill within 90 days of its enactment, allowing eligible individuals to apply promptly. These rules would be subject to public comment and revision.

Definitions

The bill refers to and applies definitions established in the Immigration and Nationality Act unless otherwise specified.

Relevant Companies

None found.