; or (ii) the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor. (B) Certain dependents of nonimmigrants With respect to an alien who, for an aggregate period of 8 years before attaining the age of 21, was in the status of a dependent child of a nonimmigrant pursuant to a lawful admission as an alien eligible to be employed in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)), notwithstanding clause (i), the determination of the alien’s age shall be based on the date on which such initial nonimmigrant employment-based petition or application was filed by the alien's nonimmigrant parent. (C) Failure to acquire status as alien lawfully admitted for permanent residence With respect to an alien who has not sought to acquire status as an alien lawfully admitted for permanent residence during the 2 years beginning on the date on which an immigrant visa becomes available to such alien, the alien’s age shall be determined based on the alien's biological age, unless the failure to seek to acquire such status was due to extraordinary circumstances. ; and (B) in section 201(f) ( 8 U.S.C. 1151 )— (i) by striking the subsection heading and all that follows through termination date.— in paragraph (3) and inserting Rule for determining whether certain aliens are immediate relatives.— ; and (ii) by striking paragraph (4). (2) Effective date (A) In general The amendments made by this subsection shall be effective as if included in the Child Status Protection Act ( Public Law 107–208 ; 116 Stat. 927). (B) Motion to reopen or reconsider (i) In general A motion to reopen or reconsider the denial of a petition or application described in the amendment made by paragraph (1)(A) may be granted if— (I) such petition or application would have been approved if the amendment described in such paragraph had been in effect at the time of adjudication of the petition or application