I 112th CONGRESS 1st Session H. R. 3119 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.
1.
Short title
This Act may be cited as the Protecting American Families and Businesses Act of 2011.
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.
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. .
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. .