[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1857 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1857

   To amend the Immigration and Nationality Act to eliminate the per-
   country numerical limitation for employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2011

    Mr. Lee introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to eliminate the per-
   country numerical limitation for employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, 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 ``Fairness for High-Skilled Immigrants 
Act''.

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--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 take 
effect as if enacted on September 30, 2011, and shall apply to fiscal 
years beginning with fiscal year 2012.
    (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 2012, 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 2010 under 
                such section 203(b).
                    (B) For fiscal year 2013, 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 2011 under such section 203(b).
                    (C) 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).
            (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 2012, 2013, and 
                        2014, 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.
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