The America's CHILDREN Act creates a new pathway for certain college graduates who came to the United States as children of employment-based visa holders to become lawful permanent residents. Specifically, the bill allows foreign nationals who were lawfully present as dependent children of employment visa holders for at least eight years, have lived in the U.S. for at least ten years total, and have graduated from a U.S. college or university to apply for permanent resident status without being subject to visa number caps. The legislation also protects individuals from "aging out" of immigration benefits by determining their age based on when their parent's initial employment visa petition was filed rather than their current age, and it allows people whose previous applications were denied to reopen those cases within two years if they would have qualified under these new rules. These provisions aim to provide permanent legal status to children who grew up in the United States while their parents worked here on visa sponsorship, without requiring specific funding allocations.
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