[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3721 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3721

To amend the Immigration and Nationality Act to end the immigrant visa 
                    backlog, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2022

 Mr. Durbin (for himself, Mr. Leahy, Ms. Hirono, Ms. Cortez Masto, Ms. 
 Duckworth, and Mr. Padilla) 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 end the immigrant visa 
                    backlog, 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 ``Resolving Extended Limbo for 
Immigrant Employees and Families Act'' or the ``RELIEF 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), in the matter preceding paragraph 
        (1), by striking ``subsection (e))'' and inserting ``subsection 
        (d))'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2021, and shall apply to fiscal 
years beginning with fiscal year 2022.
    (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 2022, 15 percent of the 
                immigrant visas made available under each of paragraphs 
                (2), (3), and (5) of 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 is 
                not one of the two states with the largest aggregate 
                numbers of natives who are beneficiaries of approved 
                petitions for immigrant status under such paragraphs.
                    (B) For fiscal year 2023, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that is 
                not one of the two states with the largest aggregate 
                numbers of natives who are beneficiaries of approved 
                petitions for immigrant status under such paragraphs.
                    (C) For fiscal year 2024, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that is 
                not one of the two states with the largest aggregate 
                numbers of natives who are beneficiaries of approved 
                petitions for immigrant status under such paragraphs.
            (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.--With respect to the 
                immigrant visas made available under each of paragraphs 
                (2), (3), and (5) of section 203(b) of such Act (8 
                U.S.C. 1153(b)) and not reserved under paragraph (1), 
                for each of fiscal years 2022, 2023, and 2024, not more 
                than 85 percent shall be allotted to immigrants who are 
                natives of any single foreign state.
            (3) Special rule to prevent unused visas.--If, with respect 
        to fiscal year 2022, 2023, or 2024, the operation of paragraphs 
        (1) and (2) of this subsection would prevent the total number 
        of immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of such Act (8 U.S.C. 1153(b)) from being 
        issued, such visas may be issued during the remainder of such 
        fiscal year without regard to paragraphs (1) and (2) of this 
        subsection.
            (4) Transition rule for currently approved beneficiaries.--
                    (A) In general.--Notwithstanding section 202 of the 
                Immigration and Nationality Act, as amended by this 
                Act, immigrant visas under section 203(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)) 
                shall be allocated such that no alien described in 
                subparagraph (B) receives a visa later than the alien 
                otherwise would have received said visa had this Act 
                not been enacted.
                    (B) Alien described.--An alien is described in this 
                subparagraph if the alien is the beneficiary of a 
                petition for an immigrant visa under section 203(b) of 
                the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
                that was approved prior to the date of enactment of 
                this Act.
            (5) 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.
            (6) Ensuring availability of immigrant visas.--For each of 
        fiscal years 2022 through 2026, notwithstanding sections 201 
        and 202 of the Immigration and Nationality Act (8 U.S.C. 1151, 
        1152), as amended by this Act, additional immigrant visas under 
        section 203 of the Immigration and Nationality Act (8 U.S.C. 
        1153) shall be made available and allocated--
                    (A) such that no alien who is a beneficiary of a 
                petition for an immigrant visa under such section 203 
                receives a visa later than the alien otherwise would 
                have received such visa had this Act not been enacted; 
                and
                    (B) to permit all visas to be distributed in 
                accordance with this section.

SEC. 3. ENDING IMMIGRANT VISA BACKLOG.

    (a) In General.--In addition to any immigrant visa made available 
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as 
amended by this Act, subject to paragraphs (1) and (2), the Secretary 
of State shall make immigrant visas available to--
            (1) aliens who are beneficiaries of petitions filed under 
        subsection (b) of section 203 of such Act (8 U.S.C. 1153) 
        before the date of the enactment of this Act; and
            (2) aliens who are beneficiaries of petitions filed under 
        subsection (a) of such section before the date of the enactment 
        of this Act.
    (b) Allocation of Visas.--The visas made available under this 
section shall be allocated as follows:
            (1) Employment-sponsored immigrant visas.--In each of 
        fiscal years 2022 through 2026, the Secretary of State shall 
        allocate to aliens described in subsection (a)(1) a number of 
        immigrant visas equal to \1/5\ of the number of aliens 
        described in such subsection the visas of whom have not been 
        issued as of the date of the enactment of this Act.
            (2) Family-sponsored immigrant visas.--In each of fiscal 
        years 2022 through 2026, the Secretary of State shall allocate 
        to aliens described in subsection (a)(2) a number of immigrant 
        visas equal to \1/5\ of the difference between--
                    (A) the number of aliens described in such 
                subsection the visas of whom have not been issued as of 
                the date of the enactment of this Act; and
                    (B) the number of aliens described in subsection 
                (a)(1).
    (c) Order of Issuance for Previously Filed Applications.--The visas 
made available under this section shall be issued in accordance with 
section 202 of the Immigration and Nationality Act (8 U.S.C. 1152), as 
amended by this Act, in the order in which the petitions under section 
203 of such Act (8 U.S.C. 1153) were filed.

SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER.

    (a) Reclassification of Spouses and Minor Children of Lawful 
Permanent Residents as Immediate Relatives and Exemption of 
Derivatives.--The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended--
            (1) in section 201(b) (8 U.S.C. 1151(b))--
                    (A) in paragraph (1), by adding at the end the 
                following:
            ``(F) Aliens who derive status under section 203(d).''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2)(A) Immediate relatives.--Aliens who are immediate 
        relatives.
            ``(B) Definition of immediate relative.--In this paragraph, 
        the term `immediate relative' means--
                    ``(i) a child, spouse, or parent of a citizen of 
                the United States, except that in the case of such a 
                parent such citizen shall be at least 21 years of age;
                    ``(ii) a child or spouse of an alien lawfully 
                admitted for permanent residence;
                    ``(iii) a child or spouse of an alien described in 
                clause (i), who is accompanying or following to join 
                the alien;
                    ``(iv) a child or spouse of an alien described in 
                clause (ii), who is accompanying or following to join 
                the alien;
                    ``(v) an alien admitted under section 211(a) on the 
                basis of a prior issuance of a visa to the alien's 
                accompanying parent who is an immediate relative; and
                    ``(vi) an alien born to an alien lawfully admitted 
                for permanent residence during a temporary visit 
                abroad.
            ``(C) Treatment of spouse and children of deceased citizen 
        or lawful permanent resident.--If an alien who was the spouse 
        or child of a citizen of the United States or of an alien 
        lawfully admitted for permanent residence and was not legally 
        separated from the citizen or lawful permanent resident at the 
        time of the citizen's or lawful permanent resident's death 
        files a petition under section 204(a)(1)(B), the alien spouse 
        (and each child of the alien) shall remain, for purposes of 
        this paragraph, an immediate relative during the period 
        beginning on the date of the citizen's or permanent resident's 
        death and ending on the date on which the alien spouse 
        remarries.
            ``(D) Protection of victims of abuse.--An alien who has 
        filed a petition under clause (iii) or (iv) of section 
        204(a)(1)(A) shall remain, for purposes of this paragraph, an 
        immediate relative if the United States citizen or lawful 
        permanent resident spouse or parent loses United States 
        citizenship on account of the abuse.''; and
            (2) in section 203(a) (8 U.S.C. 1153(a))--
                    (A) in paragraph (1), by striking ``23,400'' and 
                inserting ``111,334''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Unmarried sons and unmarried daughters of lawful 
        permanent residents.--Qualified immigrants who are the 
        unmarried sons or unmarried daughters (but are not the 
        children) of aliens lawfully admitted for permanent residence 
        shall be allocated visas in a number not to exceed 26,266, 
        plus--
                    ``(A) the number of visas by which the worldwide 
                level exceeds 226,000; and
                    ``(B) the number of visas not required for the 
                class specified in paragraph (1).''.
    (b) Protecting Children From Aging Out.--Section 203(h) of the 
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--For purposes of subsection (d), a 
        determination of whether an alien satisfies the age requirement 
        in the matter preceding subparagraph (A) of section 101(b)(1) 
        shall be made using the age of the alien on the date on which 
        the petition is filed with the Secretary of Homeland Security 
        under section 204.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Petitions described.--A petition described in this 
        paragraph is a petition filed under section 204 for 
        classification of--
                    ``(A) the alien's parent under subsection (a), (b), 
                or (c); or
                    ``(B) the alien as an immediate relative based on 
                classification as a child of--
                            ``(i) a citizen of the United States; or
                            ``(ii) a lawful permanent resident.'';
            (3) in paragraph (3), by striking ``subsections (a)(2)(A) 
        and'' and inserting ``subsection''; and
            (4) by adding at the end the following:
            ``(5) Treatment for nonimmigrant categories purposes.--An 
        alien dependent treated as a child for immigrant visa purposes 
        under this subsection shall be treated as a dependent child for 
        nonimmigrant categories.''.
    (c) Conforming Amendments.--
            (1) Definitions.--Section 101(a)(15)(K)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(ii)) 
        is amended by striking ``section 201(b)(2)(A)(i)'' and 
        inserting ``section 201(b)(2) (other than clause (v) or (vi) of 
        subparagraph (B))''.
            (2) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (D) in paragraph (3), as so redesignated, by 
                striking ``through (3)'' and inserting ``and (2)''.
            (3) Per country level.--Section 202(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is 
        amended by striking ``section 201(b)(2)(A)(i)'' and inserting 
        ``section 201(b)(2) (other than clause (v) or (vi) of 
        subparagraph (B))''.
            (4) Numerical limitation to any single foreign state.--
        Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
                    (A) by striking subparagraphs (A) and (B);
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (A) and (B), respectively; and
                    (C) in subparagraph (A), as so redesignated--
                            (i) by striking the undesignated matter 
                        following clause (ii);
                            (ii) by striking clause (ii);
                            (iii) in clause (i), by striking ``, or'' 
                        and inserting a period; and
                            (iv) in the matter preceding clause (i), by 
                        striking ``section 203(a)(2)(B) may not 
                        exceed'' and all that follows through ``23 
                        percent'' in clause (i) and inserting ``section 
                        203(a)(2) may not exceed 23 percent''.
            (5) Procedures for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A)--
                                            (aa) in clause (i), by 
                                        striking ``section 
                                        201(b)(2)(A)(i)'' and inserting 
                                        ``clause (i) or (ii) of section 
                                        201(b)(2)(B)'';
                                            (bb) in clause (ii), by 
                                        striking ``the second sentence 
                                        of section 201(b)(2)(A)(i)'' 
                                        and inserting ``section 
                                        201(b)(2)(C)'';
                                            (cc) by amending clause 
                                        (iii) to read as follows:
                    ``(iii)(I) An alien who is described in clause (ii) 
                may file a petition with the Secretary of Homeland 
                Security under this subparagraph for classification of 
                the alien (and any child of the alien) if the alien 
                demonstrates to the Secretary that--
                            ``(aa) the marriage or the intent to marry 
                        the citizen of the United States or lawful 
                        permanent resident was entered into in good 
                        faith by the alien; and
                            ``(bb) during the marriage or relationship 
                        intended by the alien to be legally a marriage, 
                        the alien or a child of the alien has been 
                        battered or has been the subject of extreme 
                        cruelty perpetrated by the alien's spouse or 
                        intended spouse.
                    ``(II) For purposes of subclause (I), an alien 
                described in this subclause is an alien--
                            ``(aa)(AA) who is the spouse of a citizen 
                        of the United States or lawful permanent 
                        resident;
                            ``(BB) who believed that he or she had 
                        married a citizen of the United States or 
                        lawful permanent resident and with whom a 
                        marriage ceremony was actually performed and 
                        who otherwise meets any applicable requirements 
                        under this Act to establish the existence of 
                        and bona fides of a marriage, but whose 
                        marriage is not legitimate solely because of 
                        the bigamy of such citizen of the United States 
                        or lawful permanent resident; or
                            ``(CC) who was a bona fide spouse of a 
                        citizen of the United States or a lawful 
                        permanent resident within the past 2 years and 
                        whose spouse died within the past 2 years, 
                        whose spouse renounced citizenship status or 
                        renounced or lost status as a lawful permanent 
                        resident within the past 2 years related to an 
                        incident of domestic violence, or who 
                        demonstrates a connection between the legal 
                        termination of the marriage within the past 2 
                        years and battering or extreme cruelty by a 
                        spouse who is a citizen of the United States or 
                        a lawful permanent resident spouse;
                            ``(bb) who is a person of good moral 
                        character;
                            ``(cc) who is eligible to be classified as 
                        an immediate relative under section 
                        201(b)(2)(B) or who would have been so 
                        classified but for the bigamy of the citizen of 
                        the United States or lawful permanent resident 
                        that the alien intended to marry; and
                            ``(dd) who has resided with the alien's 
                        spouse or intended spouse.'';
                                            (dd) by amending clause 
                                        (iv) to read as follows:
                    ``(iv) An alien who is the child of a citizen or 
                lawful permanent resident of the United States, or who 
                was a child of a United States citizen or lawful 
                permanent resident parent who within the past 2 years 
                lost or renounced citizenship status related to an 
                incident of domestic violence, and who is a person of 
                good moral character, who is eligible to be classified 
                as an immediate relative under section 201(b)(2)(B), 
                and who resides, or has resided in the past, with the 
                citizen or lawful permanent resident parent may file a 
                petition with the Secretary of Homeland Security under 
                this subparagraph for classification of the alien (and 
                any child of the alien) under such section if the alien 
                demonstrates to the Secretary that the alien has been 
                battered by or has been the subject of extreme cruelty 
                perpetrated by the alien's citizen or lawful permanent 
                resident parent. For purposes of this clause, residence 
                includes any period of visitation.''; and
                                            (ee) in clause (v)(I), in 
                                        the matter preceding item (aa), 
                                        by inserting ``or lawful 
                                        permanent resident'' after 
                                        ``citizen'';
                                            (ff) in clause (vi), by 
                                        striking ``renunciation of 
                                        citizenship'' and all that 
                                        follows through ``citizenship 
                                        status'' and inserting 
                                        ``renunciation of citizenship 
                                        or lawful permanent resident 
                                        status, death of the abuser, 
                                        divorce, or changes to the 
                                        abuser's citizenship or lawful 
                                        permanent resident status''; 
                                        and
                                            (gg) in clause (vii), by 
                                        striking ``section 
                                        201(b)(2)(A)(i)'' each place it 
                                        appears and inserting ``section 
                                        201(b)(2)(B)'';
                                    (II) by amending subparagraph (B) 
                                to read as follows:
                    ``(B)(i)(I) Except as provided in subclause (II), 
                any alien lawfully admitted for permanent residence 
                claiming that an alien is entitled to a classification 
                by reason of the relationship described in section 
                203(a)(2) may file a petition with the Attorney General 
                for such classification.
                    ``(II) Subclause (I) shall not apply in the case of 
                an alien lawfully admitted for permanent residence who 
                has been convicted of a specified offense against a 
                minor (as defined in subparagraph (A)(viii)(II)), 
                unless the Secretary of Homeland Security, in the 
                Secretary's sole and unreviewable discretion, 
                determines that such person poses no risk to the alien 
                with respect to whom a petition described in subclause 
                (I) is filed.
            ``(ii) An alien who was the child of a lawful permanent 
        resident who within the past 2 years lost lawful permanent 
        resident status due to an incident of domestic violence, and 
        who is a person of good moral character, who is eligible for 
        classification under section 203(a)(2), and who resides, or has 
        resided in the past, with the alien's permanent resident alien 
        parent may file a petition with the Secretary of Homeland 
        Security under this subparagraph for classification of the 
        alien (and any child of the alien) under such section if the 
        alien demonstrates to the Secretary that the alien has been 
        battered by or has been the subject of extreme cruelty 
        perpetrated by the alien's permanent resident parent.
            ``(iii)(I) For purposes of a petition filed or approved 
        under clause (ii), the loss of lawful permanent resident status 
        by a parent after the filing of a petition under that clause 
        shall not adversely affect approval of the petition, and for an 
        approved petition, shall not affect the alien's ability to 
        adjust status under subsections (a) and (c) of section 245 or 
        obtain status as a lawful permanent resident based on an 
        approved self-petition under clause (ii).
            ``(II) Upon the lawful permanent resident parent becoming 
        or establishing the existence of United States citizenship 
        through naturalization, acquisition of citizenship, or other 
        means, any petition filed with the Secretary of Homeland 
        Security and pending or approved under clause (ii) on behalf of 
        an alien who has been battered or subjected to extreme cruelty 
        shall be deemed reclassified as a petition filed under 
        subparagraph (A) even if the acquisition of citizenship occurs 
        after the termination of parental rights.''; and
                                    (III) in subparagraph (D)(i)(I), by 
                                striking ``paragraph (1), (2), or (3)'' 
                                and inserting ``paragraph (1) or (3)''; 
                                and
                            (ii) in paragraph (2)--
                                    (I) by striking ``spousal second 
                                preference petition'' each place it 
                                appears and inserting ``petition for 
                                the spouse of an alien lawfully 
                                admitted for permanent residence''; and
                                    (II) in the undesignated matter 
                                following subparagraph (A)(ii), by 
                                striking ``preference status under 
                                section 203(a)(2)'' and inserting 
                                ``classification as an immediate 
                                relative under section 
                                201(b)(2)(B)(ii)'';
                    (B) in subsection (c)(1), by striking ``or 
                preference status''; and
                    (C) in subsection (k)(1), by striking 
                ``203(a)(2)(B)'' and inserting ``203(a)(2)''.
            (6) Excludable aliens.--Section 212(d)(12)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is 
        amended by striking ``section 201(b)(2)(A)'' and inserting 
        ``section 201(b)(2) (other than subparagraph (B)(vi))''.
            (7) Admission of nonimmigrants.--Section 214(r)(3)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1184(r)(3)(A)) is 
        amended by striking ``section 201(b)(2)(A)(i)'' and inserting 
        ``section 201(b)(2) (other than clause (v) or (vi) of 
        subparagraph (B)).''
            (8) Definition of alien spouse.--Section 216(h)(1)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(A)) 
        is amended by inserting ``or an alien lawfully admitted for 
        permanent residence'' after ``United States''.
            (9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4) 
        of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-118; 
        8 U.S.C. 1157 note) is amended by striking ``section 
        201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than 
        clause (v) or (vi) of subparagraph (B))''.
            (10) Processing of visa applications.--Section 233(b)(1) of 
        the Department of State Authorization Act, Fiscal Year 2003 
        (Public Law 107-228; 8 U.S.C. 1201 note) is amended by striking 
        ``section 201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) 
        (other than clause (v) or (vi) of subparagraph (B))''.
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