II 112th CONGRESS 1st Session S. 1857 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.

1.

Short title

This Act may be cited as the Fairness for High-Skilled Immigrants Act.

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.