[Congressional Record Volume 168, Number 37 (Tuesday, March 1, 2022)]
[Senate]
[Pages S883-S885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Leahy, Ms. Hirono, Ms. Cortez 
        Masto, Ms. Duckworth, and Mr. Padilla):
  S. 3721. A bill to amend the Immigration and Nationality Act to end 
the immigrant visa backlog, and for other purposes; to the Committee on 
the Judiciary.


 =========================== NOTE =========================== 

  
  On page S883, March 1, 2022, in the second column, the following 
appears: By Mr. Durbin: S. 3721. A bill to amend the Immigration 
and Nationality Act to end the immigrant visa backlog . . .
  
  The online Record has been corrected to read: By Mr. Durbin (for 
himself, Mr. Leahy, Ms. Hirono, Ms. Cortez Masto, Ms. Duckworth, 
and Mr. Padilla): S. 3721. A bill to amend the Immigration and 
Nationality Act to end the immigrant visa backlog . . .


 ========================= END NOTE ========================= 


  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3721

       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

[[Page S884]]

     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

[[Page S885]]

     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))''.
                                 ______