[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2091 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2091
To reduce the backlog of foreign nationals seeking employment-based
visas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2019
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce the backlog of foreign nationals seeking employment-based
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 TITLES.
This Act may be cited as the ``Backlog Elimination, Legal
Immigration, and Employment Visa Enhancement Act'' or the ``BELIEVE
Act''.
SEC. 2. ALLOCATION OF EMPLOYMENT-BASED VISAS.
(a) Worldwide Level.--Section 201(d)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by striking
``140,000'' and inserting ``270,000''.
(b) Elimination of Per-Country Limitation for Employment-Based
Immigrants.--Section 202(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1152(a)(2)) is amended to read as follows:
``(2) Per country levels for family-sponsored immigrants.--
Subject to paragraphs (3), (4), and (5), the total number of
immigrant visas made available to natives of any single foreign
state or dependent area under section 203(a) in any fiscal year
may not exceed 7 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 made available under such subsection
in that fiscal year.''.
(c) Preference Allocations for Employment-Based Immigrants.--
Section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``28.6 percent'' and inserting ``29.63
percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``29.63 percent'';
(3) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``28.6 percent'' and inserting ``29.63
percent'';
(4) in paragraph (4), by striking ``7.1 percent'' and
inserting ``3.7 percent''; and
(5) in paragraph (5)(A), in the matter preceding clause
(i), by striking ``7.1 percent'' and inserting ``7.41
percent''.
(d) Treatment of Family Members.--Section 203(d) of the Immigration
and Nationality Act (8 U.S.C. 1153(d)) is amended by adding at the end
the following: ``Visas issued to a spouse or child of an immigrant
described in subsection (b) shall not be counted against the worldwide
level of such visas set forth in section 201(d)(1) or the per country
level set forth in section 202(a)(2).''.
SEC. 3. HEALTH CARE WORKERS.
(a) Exemption From Numerical Limitations.--Section 201(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by
adding at the end the following:
``(F) Aliens who are members of an occupation that the
Secretary of Labor has designated under Group I of Schedule A
pursuant to section 656.15 of title 20, Code of Federal
Regulations, and are coming to the United States to work in
such occupation, and the spouses and children (as defined in
subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1))
of such aliens. Aliens described in this subparagraph may apply
for an immigrant visa''.
(b) Petition.--Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the
following:
``(M) Any employer desiring and intending to employ within the
United States an alien entitled to classification under section
201(b)(1)(F) may file a petition with the Secretary of Homeland
Security for such classification.''.
SEC. 4. DEPENDENTS OF NONIMMIGRANTS.
(a) Exemption From Numerical Limitations for Certain College
Graduates.--Section 201(b)(1) of the Immigration and Nationality Act,
as amended by section 3(a), is further amended by adding at the end the
following:
``(G) Aliens who--
``(i) are not inadmissible under section 212(a) or
deportable under section 237(a);
``(ii) have lived in the United States an aggregate
period of not less than 10 years;
``(iii) were admitted as a dependent of a
nonimmigrant under subparagraph (E), (H), or (L) of
section 101(a)(15); and
``(iv) graduated from an institution of higher
education (as defined in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a))) in the
United States.''.
(b) Petition.--Section 204(a)(1) of the Immigration and Nationality
Act, as amended by section 3(b), is further amended by adding at the
end the following:
``(N) Any employer desiring and intending to employ within the
United States an alien entitled to classification under section
201(b)(1)(G) may file a petition with the Secretary of Homeland
Security for such classification.''.
(c) Authorization of Employment for Children and Spouses of
Nonimmigrants.--Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s) The Secretary of Homeland Security shall authorize an alien
spouse admitted under subparagraph (E), (H), or (L) of section
101(a)(15), who is accompanying or following to join a principal alien
admitted under any such subparagraph, to engage in employment in the
United States, and shall provide such spouse with an `employment
authorized' endorsement or other appropriate work permit.
``(t) The Secretary of Homeland Security shall authorize an alien
child admitted under subparagraph (E), (H), or (L) of section
101(a)(15), who is accompanying or following to join a principal alien
admitted under any such subparagraph, to engage in employment in the
United States, and shall provide such child with an `employment
authorized' endorsement or other appropriate work permit if--
``(1) the child is at least 16 years of age;
``(2) the child, or the child's legal representative,
requests such work authorization; and
``(3) any employment in which the child may engage complies
with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).''.
(d) Adjustment of Status Early Filing for Nonimmigrants With
Approved Immigrant Petitions.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Status as Person Admitted for Permanent Residence on
Application and Eligibility for Immigrant Visa.--The Secretary of
Homeland Security, in the discretion of the Secretary and under such
regulations as the Secretary may prescribe, may adjust the status of an
alien who was inspected and admitted or paroled into the United States
or the status of any other alien with an approved petition for
classification as a VAWA self-petitioner if--
``(1) the alien makes an application for such adjustment;
``(2) the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent residence;
and
``(3) an immigrant visa is immediately available to the
alien at the time the alien's application is adjudicated.'';
and
(2) by adding at the end the following:
``(n) Adjustment of Status Application After an Approved Immigrant
Petition.--
``(1) Application.--An alien who has an approved immigrant
petition may file an adjustment of status application under
subsection (a), which, if the alien is otherwise eligible,
shall remain pending until a visa number becomes available.
``(2) Status.--An admissible alien who has properly filed
an adjustment of status application under subsection (a) shall,
throughout the pendency of such application--
``(A) have a lawful status and be considered
lawfully present for purposes of section 212; and
``(B) following a biometric background check, be
eligible for employment and travel authorization
incident to such status.
``(3) Biometric background check.--Any biometric background
check performed with respect to an alien during the 1-year
period immediately preceding the alien's submission of an
application for an adjustment of status under subsection (a)
shall be sufficient for meeting the biometric background check
requirement under paragraph (2)(B).''.
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