[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5921 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5921

   To amend the Immigration and Nationality Act to eliminate the per 
country level for employment-based immigrants and to end the spill-over 
 of unused immigrant visa numbers between employment-based and family-
                         sponsored categories.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2008

     Ms. Zoe Lofgren of California (for herself and Mr. Goodlatte) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to eliminate the per 
country level for employment-based immigrants and to end the spill-over 
 of unused immigrant visa numbers between employment-based and family-
                         sponsored categories.

    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 ``High Skilled Per Country Level 
Elimination Act''.

SEC. 2. ELIMINATION OF PER COUNTRY LEVEL FOR EMPLOYMENT-BASED 
              IMMIGRANTS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)''; and
                    (B) by striking ``subsections (a) and (b) of 
                section 203'' and inserting ``section 203(a)'';
                    (C) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``10 
                percent (in the case of a single foreign state) or 5 
                percent''; and
                    (D) by striking ``such subsections'' and inserting 
                ``such section''; and
            (2) by striking paragraph (5).

SEC. 3. WORLDWIDE LEVELS OF EMPLOYMENT-BASED AND FAMILY-SPONSORED 
              IMMIGRANTS.

    (a) Worldwide Level of Employment-Based Immigrants.--Section 201(d) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to 
read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000; and
                    ``(B) the number computed under paragraph (2).
            ``(2) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level established under 
                paragraph (1) for the previous fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(b), subject to this subsection, during the 
                previous fiscal year.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to 
read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--
                    ``(A) Base level.--Subject to subparagraph (B), the 
                worldwide level of family-sponsored immigrants under 
                this subsection for a fiscal year is equal to--
                            ``(i) 480,000 minus the number computed 
                        under paragraph (2); plus
                            ``(ii) the number computed under paragraph 
                        (3).
                    ``(B) Minimum.--In no case shall the number 
                computed under subparagraph (A) be less than 226,000.
            ``(2) Number of certain aliens not subject to direct 
        numerical limitations.--The number computed under this 
        paragraph for a fiscal year is the number of aliens described 
        in subparagraph (A) or (B) of subsection (b)(2) who were issued 
        immigrant visas, or who otherwise acquired the status of an 
        alien lawfully admitted to the United States for permanent 
        residence, in the previous fiscal year.
            ``(3) Unused visa numbers from previous fiscal year.--The 
        number computed under this paragraph for a fiscal year is the 
        difference, if any, between--
                    ``(A) the worldwide level established under 
                paragraph (1) for the previous fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(a), subject to this subsection, during the 
                previous fiscal year.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year that begins after the 
date of the enactment of this Act.
                                 <all>