[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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