; (B) has an employment-based immigrant visa petition that has been approved pursuant to section 203(b); and (C) has not yet had an opportunity to seek an immigrant visa or adjust status under section 245. (3) Employment authorization An alien who is determined to be a child under paragraph (1) is authorized to engage in employment in the United States incident to the status of his or her nonimmigrant parent. (4) Surviving relative consideration Notwithstanding the death of the qualifying relative, an alien who is determined to be a child under paragraph (1) is authorized to extend status as a dependent child of a nonimmigrant described in section 101(a)(15)(H)(i)(b). . (c) Motion to reopen or reconsider (1) In general A motion to reopen or reconsider the denial of a petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) and a subsequent application for an immigrant visa or adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ), may be granted if— (A) such petition or application would have been approved if— (i) section 203(h)(6) of the Immigration and Nationality Act, as added by subsection (a), had been in effect when the petition or application was adjudicated; and (ii) the person concerned remains eligible for the requested benefit; (B) the individual seeking relief pursuant to such motion was in the United States at the time the underlying petition or application was filed; and (C) such motion is filed with the Secretary or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act. (2) Protection from removal Notwithstanding any other provision of the law, the Attorney General and the Secretary— (A) may not initiate removal proceedings against or remove any alien who has a pending nonfrivolous motion under paragraph (1) or is seeking to file such a motion unless— (i) the alien is a danger to the community or a national security risk