; (iii) on the date on which an application under section 204(a)(1)(M) is submitted, has been lawfully present in the United States for an aggregate period of not less than 10 years; and (iv) has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )) in the United States. . (b) Petition Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended by adding at the end the following: (M) Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification. . 3. Age-out protections and priority date retention (a) Age-Out protections (1) In general The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 101(b) ( 8 U.S.C. 1101(b) ), by adding at the end the following: (6) Determination of child status A determination as to whether an alien is a child shall be made as follows: (A) In general For purposes of a petition under section 204 and any subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the earlier of— (i) the date on which the petition is filed with the Secretary of Homeland Security