; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described The period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data