Short title

This Act may be cited as—(1)the

Jumpstart Our Legal Immigration System Act

; or(2)the

Jumpstart Act

Recapture of unused immigrant visa numbers

(a)

Ensuring future use of all immigrant visas

Section 201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is amended to read as follows:

(ii)In no case shall the number computed under subparagraph (A) be less than the sum of—(I)226,000; and(II)the number computed under paragraph (3).

(b)

Recapturing unused visas

Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by adding at the end the following:

(g)

Recapturing unused visas

(1)

Family-sponsored visas

(A)

In general

Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2022, the number of family-sponsored immigrant visas that may be issued under section 203(a) shall be increased by the number computed under subparagraph (B).(B)

Unused visas

The number computed under this subparagraph is the difference, if any, between—(i)the difference, if any, between—(I)the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) for fiscal years 1992 through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(c)(3); and(II)the number of visas described in subclause (I) that were issued under section 203(a), or, in accordance with section 201(d)(2)(C), under section 203(b); and(ii)the number of visas resulting from the calculation under clause (i) issued under section 203(a) after fiscal year 2021.(2)

Employment-based visas

(A)

In general

Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2022, the number of employment-based immigrant visas that may be issued under section 203(b) shall be increased by the number computed under subparagraph (B).(B)

Unused visas

The number computed under this paragraph is the difference, if any, between—(i)the difference, if any, between—(I)the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) for fiscal years 1992 through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(d)(2); and(II)the number of visas described in subclause (I) that were issued under section 203(b), or, in accordance with section 201(c)(3)(C), under section 203(a); and(ii)the number of visas resulting from the calculation under clause (i) issued under section 203(b) after fiscal year 2021.(3)

Diversity visas

Notwithstanding section 204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected in accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, or 2021 shall remain available to such alien (and the spouse and children of such alien) if—(A)the alien was refused a visa, prevented from seeking admission, or denied admission to the United States solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or(B)because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency—(i)the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or(ii)the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c).

Adjustment of status

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

(n)

Visa availability

(1)

In general

Notwithstanding subsection (a)(3), the Secretary of Homeland Security may accept for filing an application for adjustment of status from an alien (and the spouse and children of such alien) if such alien is otherwise eligible for such adjustment and—(A)such alien—(i)is the beneficiary of an approved petition under subparagraph (A)(i) or (B)(i)(I) of section 204(a)(1); and(ii)pays a supplemental fee of $1,500, plus $250 for each derivative beneficiary;(B)such alien—(i)is the beneficiary of an approved petition under subparagraph (E) or (F) of section 204(a)(1); and(ii)pays a supplemental fee of $3,000; or(C)such alien—(i)is the beneficiary of an approved petition under subparagraph (H) of section 204(a)(1); and(ii)pays a supplemental fee of $15,000.(2)

Exemption

The Secretary of State shall exempt an alien (and the spouse and children of such alien) from the numerical limitations described in sections 201, 202, and 203, and the Secretary of Homeland Security may adjust the status of such alien (and the spouse and children of such alien) to lawful permanent resident, if such alien submits or has submitted an application for adjustment of status and—(A)such alien—(i)is the beneficiary of an approved petition under subparagraph (A)(i) or (B)(i)(I) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption the numerical limitations; and(ii)pays a supplemental fee of $2,500;(B)such alien—(i)is the beneficiary of an approved petition under subparagraph (E) or (F) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption of the numerical limitations; and(ii)pays a supplemental fee of $7,500; or(C)such alien—(i)is the beneficiary of an approved petition under subparagraph (H) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption of the numerical limitations; and(ii)pays a supplemental fee of $100,000.(3)

Effective date

(A)

In general

The provisions of this subsection—(i)shall take effect on the earlier of the date that is—(I)180 days after the date of the enactment of this subsection; or(II)October 1, 2022; and(ii)except as provided in subparagraph (B), shall cease to have effect on the date that is 10 years after the date of the enactment of this subsection.(B)

Continuation

Paragraph (2) shall continue in effect with respect to an alien who requested a waiver of the numerical limitations and paid the requisite fee prior to the date described in subparagraph (A)(ii), until the Secretary of Homeland Security renders a final administrative decision on such application.

Additional supplemental fees

(a)

Treasury

Except as provided under subsection (e), the fees collected under this section and under section 245(n) of the Immigration and Nationality Act (8 U.S.C. 1255(n)), as added by section 3 of this Act— (1)shall be deposited in the general fund of the Treasury of the United States; and(2)may not be waived, in whole or in part, by the Secretary of Homeland Security.(b)

Immigrant visa petitions

In addition to any other fee collected in connection with a petition referred to in this subsection, the Secretary of Homeland Security shall collect a supplemental fee in the amount of—(1)$100 in connection with each petition filed under—(A)section 204(a)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) for classification by reason of a relationship described under paragraph (1), (3), or (4) of section 203(a) of such Act (8 U.S.C. 1153); and(B)section 204(a)(1)(B)(i)(I) of such Act (8 U.S.C. 1154(a)(1)(B)(i)(I));(2)$800 in connection with each petition filed under subparagraph (E) or (F) of section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)); and(3)$15,000 in connection with each petition filed under subparagraph (H) of section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)). (c)

Nonimmigrant visa petitions

In addition to any other fee collected in connection with a petition filed under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), the Secretary of Homeland Security shall collect a supplemental fee of $500 in connection with each such petition for classification as a nonimmigrant under subparagraph (E), (H)(i)(b), (L), (O), or (P) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). (d)

Employment authorization

In addition any other fee collected in connection with an application for employment authorization, the Secretary of Homeland Security shall collect a supplemental fee of $500 in connection with each such application filed by an individual seeking such authorization as the spouse of a nonimmigrant described in subparagraph (E), (H), or (L) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (e)

Offsetting collections

The first $400,000,000 collected in the aggregate from fees authorized under this section and section 245(n) of the Immigration and Nationality Act (8 U.S.C. 1255), as added by section 3 of this Act, shall be deposited in the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) as offsetting collections, to be available until expended, to the extent and in the amounts provided in advance in appropriations Acts, for necessary expenses of U.S. Citizenship and Immigration Services for application processing, the reduction of backlogs within asylum, field, and service center offices, and support of the refugee program.(f)

Effective date

This section shall—(1)take effect on the earlier of the date that is—(A)180 days after the date of the enactment of this Act; or(B)October 1, 2022; and(2)cease to have effect on the date that is 10 years after the date of the enactment of this section.