[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 281
To amend the Immigration and Nationality Act to eliminate the per-
country numerical limitation for employment-based immigrants, to
increase the per-country numerical limitation for family-sponsored
immigrants, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2017
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To amend the Immigration and Nationality Act to eliminate the per-
country numerical limitation for employment-based immigrants, to
increase the per-country numerical limitation for family-sponsored
immigrants, 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 ``Fairness for High-Skilled Immigrants
Act of 2017''.
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 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.''.
(b) Conforming Amendments.--Section 202 of such Act (8 U.S.C. 1152)
is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both
subsections (a) and (b) of section 203'' and inserting
``section 203(a)''; and
(B) by striking paragraph (5); and
(2) 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, immigrant
visas shall be allotted to such natives under section 203(a) (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 visas made available under each of
paragraphs (1) through (4) of section 203(a) is equal to the ratio of
the total visas made available under the respective paragraph to the
total 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), by striking ``(as defined in
subsection (e))'';
(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, 2016, and shall apply to fiscal
year 2017 and each subsequent fiscal year.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to paragraphs (2) through (4), 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 2017, 15 percent of the
immigrant visas made available under each of paragraphs
(2) and (3) 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 was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2011 under such paragraphs.
(B) For fiscal year 2018, 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 was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2012 under such paragraphs.
(C) For fiscal year 2019, 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 was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2015 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--The number of visas reserved
under each of subparagraphs (A) through (C) of
paragraph (1) 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.--Not more than 85 percent of
the immigrant visas made available under each of
paragraphs (2) and (3) of section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) and
not reserved under paragraph (1), for each of the
fiscal years 2015, 2016, and 2017, may 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 2015, 2016, or 2017, the application of
paragraphs (1) and (2) would prevent the total number of
immigrant visas made available under paragraph (2) or (3) of
section 203(b) of the Immigration and Nationality 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).
(4) 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.
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