[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3119 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3119

To amend the Immigration and Nationality Act to remove the per-country 
   limitation on employment-based immigrant visas, to adjust the per-
 country limitation on family-sponsored immigrant visas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2011

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

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to remove the per-country 
   limitation on employment-based immigrant visas, to adjust the per-
 country limitation on family-sponsored immigrant visas, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Families and 
Businesses Act of 2011''.

SEC. 2. EQUAL TREATMENT AMONG FOREIGN STATES.

    (a) Numerical Limitation to Any Single Foreign State.--Section 
202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) 
is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(3), by striking ``both subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available under section 
203(a) to natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner so 
that, except as provided in subsection (a)(4), the proportion of the 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall 
apply to fiscal years beginning with fiscal year 2013.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to the succeeding paragraphs of 
        this subsection and notwithstanding title II of the Immigration 
        and Nationality Act (8 U.S.C. 1151 et seq.), the following 
        rules shall apply:
                    (A) For fiscal year 2013, 15 percent of the total 
                number of immigrant visas made available under section 
                203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted 
                to immigrants who are natives of a foreign state or 
                dependent area that was not one of the two states with 
                the largest numbers of natives obtaining lawful 
                permanent resident status during fiscal year 2011 under 
                such section 203(b).
                    (B) For fiscal year 2014, 10 percent of the total 
                number of immigrant visas made available under such 
                section 203(b) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest numbers of 
                natives obtaining lawful permanent resident status 
                during fiscal year 2012 under such section 203(b).
                    (C) For fiscal year 2015, 10 percent of the total 
                number of immigrant visas made available under such 
                section 203(b) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest numbers of 
                natives obtaining lawful permanent resident status 
                during fiscal year 2013 under such section 203(b).
            (2) Per-country levels.--
                    (A) Reserved visas.--With respect to the visas 
                reserved under each of subparagraphs (A) through (C) of 
                paragraph (1), the number of such visas made available 
                to natives of any single foreign state or dependent 
                area in the appropriate fiscal year may not exceed 25 
                percent (in the case of a single foreign state) or 2 
                percent (in the case of a dependent area) of the total 
                number of such visas.
                    (B) Unreserved visas.--
                            (i) In general.--With respect to the 
                        immigrant visas made available under such 
                        section 203(b) and not reserved under paragraph 
                        (1), for each of fiscal years 2013, 2014, and 
                        2015, not more than the number of such visas 
                        calculated under clause (ii) shall be allotted 
                        to immigrants who are natives of any single 
                        foreign state.
                            (ii) Calculation of number.--The numbers of 
                        visas calculated under this clause for a fiscal 
                        year is the number that is equal to 70 percent 
                        of the total number of immigrant visas made 
                        available under such section 203(b) for such 
                        fiscal year.
            (3) Rules for chargeability.--Section 202(b) of such Act (8 
        U.S.C. 1152(b)) shall apply in determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.

SEC. 3. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

    (a) Employment-Based Immigrants.--
            (1) In general.--Section 214 of the Immigration and 
        Nationality Act (8 U.S.C. 1154) is amended by adding at the end 
        the following:
    ``(s) Special Provisions in Cases of Lengthy Adjudications.--
            ``(1) Exemption from limitations.--Notwithstanding 
        subsections (c)(2)(D), (g)(4) and (m), the authorized stay of 
        an alien described in paragraph (2) may be extended pursuant to 
        paragraph (3) if 365 days or more have elapsed since the filing 
        of any of the following:
                    ``(A) An application for labor certification under 
                section 212(a)(5)(A), in a case in which certification 
                is required or used by an alien to obtain status under 
                section 203(b).
                    ``(B) A petition described in section 204(b) to 
                accord the alien a status under section 203(b).
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien was previously issued a visa or 
        otherwise provided nonimmigrant status under--
                    ``(A) section 101(a)(15)(F);
                    ``(B) section 101(a)(15)(H)(i)(b); or
                    ``(C) section 101(a)(15)(L).
            ``(3) Extension of status.--The Secretary of Homeland 
        Security shall extend the stay of an alien who qualifies for an 
        extension under paragraph (1) in one-year increments until such 
        time as a final decision is made--
                    ``(A) to deny the application described in 
                paragraph (1)(A), or, in a case in which such 
                application is granted, to deny a petition described in 
                paragraph (1)(B) filed on behalf of the alien pursuant 
                to such grant;
                    ``(B) to deny the petition described in paragraph 
                (1)(B); or
                    ``(C) to grant or deny the alien's application for 
                an immigrant visa or adjustment of status to that of an 
                alien lawfully admitted for permanent residence.''.
            (2) Providing dual intent for students.--Section 
        101(a)(15)(F)(i) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``having a 
        residence in a foreign country which he has no intention of 
        abandoning,''.
            (3) Conforming amendments.--
                    (A) Section 106 of the American Competitiveness in 
                the 21st Century Act is amended by striking subsections 
                (a) and (b).
                    (B) Section 214(b) of the Immigration and 
                Nationality Act (8 U.S.C. 1184(b)) is amended by 
                striking ``(L) or (V)'' and inserting ``(F), (L) or 
                (V)''.
                    (C) Section 214(h) of the Immigration and 
                Nationality Act (8 U.S.C. 1184(h)) is amended by 
                striking ``(H)(i)(b)'' and inserting ``(F), 
                (H)(i)(b)''.
    (b) Family-Based Immigrants.--Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the 
end the following:
                    ``(W) an alien who is the beneficiary (including a 
                child of the principle alien, if eligible to receive a 
                visa under section 203(d)) of an approved petition to 
                accord a status under section 203(a)(2)(A) if 180 days 
                or more have elapsed since the filing of such petition 
                and--
                            ``(i) an immigrant visa is not immediately 
                        available to the alien because of a waiting 
                        list of applicants for visas under section 
                        203(a)(2)(A); or
                            ``(ii) the alien's application for an 
                        immigrant visa, or the alien's application for 
                        adjustment of status under section 245, 
                        pursuant to the approval of such petition, 
                        remains pending.''.

SEC. 4. RECAPTURING IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

    (a) 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) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(a) (relating to family-sponsored immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(3) Unused visas.--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 2011; 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 2011 pursuant to an immigrant visa number 
                issued under section 203(b), subject to this 
                subsection, during fiscal years 1992 through 2011.''.
    (b) 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) 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) In no case shall the number computed under 
                subparagraph (A)(i) be less than 226,000.
            ``(2) Immediate relatives.--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) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(b) (relating to employment-based immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(4) Unused visas.--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 2011; 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 2011 pursuant to an immigrant visa number 
                issued under section 203(a), subject to this 
                subsection, during fiscal years 1992 through 2011.''.
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