; or (ii) initiating a removal proceeding with respect to such alien is in the public interest; and (B) shall provide aliens with a reasonable opportunity to file such a motion. (3) Employment authorization An alien with a pending, nonfrivolous motion under this subsection shall be authorized to engage in employment through the date on which a final administrative decision regarding such motion has been made. 404. Military naturalization modernization (a) In general Chapter 2 of title III of the Immigration and Nationality Act ( 8 U.S.C. 1421 et seq. ) is amended— (1) by striking section 328 ( 8 U.S.C. 1439 ); and (2) in section 329 ( 8 U.S.C. 1440 )— (A) by amending the section heading to read as follows: Naturalization through service in the Selected Reserve or in active-duty status .— ; (B) in subsection (a)— (i) in the matter preceding paragraph (1), by striking during either and all that follows through foreign force ; (ii) in paragraph (1)— (I) by striking America Samoa, or Swains Island and inserting American Samoa, Swains Island, or any of the freely associated States (as defined in section 611(b)(1)(C) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(b)(1)(C) ), ; and (II) by striking he and inserting such person ; and (iii) in paragraph (2), by striking in an active-duty status, and whether separation from such service was under honorable conditions and inserting in accordance with subsection (b)(3) ; and (C) in subsection (b)— (i) in paragraph (1), by striking he and inserting such person