[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1044-S1045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1963. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

[[Page S1045]]

  


     SEC. __. PER-COUNTRY NUMERICAL LIMITATIONS AND ADJUSTMENT OF 
                   STATUS.

       (a) Modification of Per-country Numerical Limitations.--
       (1) In general.--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) and (4), 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 15 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 section in that fiscal year.''.
       (2) Conforming amendments.--Section 202 of such Act (8 
     U.S.C. 1152) is amended--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (ii) by striking paragraph (5); and
       (B) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If 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, the number of visas for natives of 
     that state or area shall be allocated under section 203(a) 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).''.
       (3) Country-specific offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (A) in subsection (a), by striking ``subsection (e))'' and 
     inserting ``subsection (d))''; and
       (B) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d).
       (4) Effective date.--The amendments made by this subsection 
     shall take effect as if enacted on October 1, 2017, and shall 
     apply to fiscal years beginning with fiscal year 2018.
       (b) Adjustment of Status for Employment-based Immigrants.--
     Section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255) is amended by adding at the end the following:
       ``(n) Adjustment of Status for Employment Based 
     Immigrants.--
       ``(1) Petition.--Any alien, and any eligible dependent of 
     such alien, who has an approved petition for immigrant 
     status, may file an application with the Secretary of 
     Homeland Security for adjustment of status regardless of 
     whether an immigrant visa is immediately available at the 
     time the application is filed.
       ``(2) Supplemental fee.--If a visa is not immediately 
     available at the time an application is filed under paragraph 
     (1), the beneficiary of such application shall pay a 
     supplemental fee of $500, which shall be deposited into the 
     H-1B Nonimmigrant Petitioner Account established under 
     section 286(s). This fee shall not be collected from any 
     dependent accompanying or following to join such beneficiary.
       ``(3) Availability.--An application filed under this 
     subsection may not be approved until the date on which an 
     immigrant visa becomes available.''.
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