[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5882 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5882

  To recapture employment-based immigrant visas lost to bureaucratic 
delays and to prevent losses of family- and employment-based immigrant 
                          visas in the future.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2008

   Ms. Zoe Lofgren of California (for herself and Mr. Sensenbrenner) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To recapture employment-based immigrant visas lost to bureaucratic 
delays and to prevent losses of family- and employment-based immigrant 
                          visas in the future.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to 
read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants .--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level established under 
                paragraph (1) for the previous fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(b), subject to this subsection, during the 
                previous fiscal year.
            ``(3) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels 
                        established under paragraph (1) for fiscal 
                        years 1992 through 2007; and
                            ``(ii) the number of visas actually issued 
                        under section 203(b), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of visas actually issued after 
                fiscal year 2007 pursuant to an immigrant visa number 
                issued under section 203(b), subject to this 
                subsection, during fiscal years 1992 through 2007.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to 
read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--
                    ``(A) Base level.--Subject to subparagraph (B), the 
                worldwide level of family-sponsored immigrants under 
                this subsection for a fiscal year is equal to--
                            ``(i) 480,000 minus the number computed 
                        under paragraph (2); plus
                            ``(ii) the sum of the number computed under 
                        paragraph (3) and the number computed under 
                        paragraph (4).
                    ``(B) Minimum.--In no case shall the number 
                computed under subparagraph (A) be less than 226,000.
            ``(2) Number of certain aliens not subject to direct 
        numerical limitations.--The number computed under this 
        paragraph for a fiscal year is the number of aliens described 
        in subparagraph (A) or (B) of subsection (b)(2) who were issued 
        immigrant visas, or who otherwise acquired the status of an 
        alien lawfully admitted to the United States for permanent 
        residence, in the previous fiscal year.
            ``(3) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level established under 
                paragraph (1) for the previous fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(a), subject to this subsection, during the 
                previous fiscal year.
            ``(4) Unused visa numbers from fiscal years 1992 through 
        2007.--The number computed under this paragraph is the 
        difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels 
                        established under paragraph (1) for fiscal 
                        years 1992 through 2007; and
                            ``(ii) the number of visas actually issued 
                        under section 203(a), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of visas actually issued after 
                fiscal year 2007 pursuant to an immigrant visa number 
                issued under section 203(a), subject to this 
                subsection, during fiscal years 1992 through 2007.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year that begins after the 
date of the enactment of this Act.
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