NP-5 Program Amendments of 1989

NP-5 Program Amendments of 1989 - Amends the Immigration Reform and Control Act of 1986 to extend the NP-5 visa program through FY 1995. (Such program provides 15,000 additional visas annually to nationals of countries adversely affected by the 1965 Immigration Act.)

Revises such program's visa lottery to award visas on the basis of application chronology. Voids the application of an alien who submits multiple petitions. Requires the Secretary of State to report to the appropriate congressional committees with respect to the lottery's implementation.

Provides, with regard to such program, for: (1) definition of "adversely affected foreign state"; (2) waiver of the two-year home country residency requirement for certain temporary residents; (3) carryover of unused visas; and (4) no denial of visa for failure to have U.S. employment.

Directs the Comptroller General to conduct a country by country study of consular visa denials and report to the appropriate congressional committees.

 
HR 3511 IH
101st CONGRESS
1st Session
 H. R. 3511
To revise and extend for 5 years the `NP-5' nonpreference immigrant program.
IN THE HOUSE OF REPRESENTATIVES
October 24, 1989
Mr. DONNELLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To revise and extend for 5 years the `NP-5' nonpreference immigrant program.
  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 `NP-5 Program Amendments of 1989'.
SEC. 2. CHANGES TO NP-5 PROGRAM.
  (a) 5-YEAR EXTENSION- Section 314(a) of the Immigration Reform and Control
  Act of 1986 is amended by striking `and 1990' and inserting `through 1995'.
  (b) USE OF NEW LOTTERY-
  (1) IN GENERAL- Section 314(b) of the Immigration Reform and Control Act
  of 1986 is amended--
  (A) in paragraph (1), by inserting `for fiscal years before 1991,' after
  `(1)' and by striking `and' at the end;
  (B) in paragraph (2), by inserting `for fiscal years before 1991,' after
  `(2)' and by striking the period at the end and inserting a comma; and
  (C) by adding at the end the following new paragraphs:
  `(3) beginning with fiscal year 1991, such visas shall be made available
  strictly the chronological order in which they apply, and
  `(4) beginning with fiscal year 1991, if more than one petition is submitted
  with respect to any alien all such petitions submitted with respect to
  the alien shall be voided.'.
  (2) REPORT ON PLAN FOR IMPLEMENTATION- Not later than June 1, 1990, the
  Secretary of State shall submit a report to the Committees on the Judiciary
  of the House of Representatives and of the Senate concerning the Secretary's
  plans for the implementation of section 314(b) of the Immigration Reform
  and Control Act of 1986 for fiscal years after fiscal year 1990.
  (c) REVISION OF DEFINITION OF ADVERSELY AFFECTED FOREIGN STATE- Section
  314 of the Immigration Reform and Control Act of 1986 is amended by adding
  at the end the following new subsection:
  `(e) ADVERSELY AFFECTED FOREIGN STATE DEFINED- In subsection (b)(3),
  the term `adversely affected foreign state' means a foreign state for which--
  `(1) the total number of immigrants (who are natives of the state) who
  were issued immigrant visas (or who otherwise were granted the status of
  aliens lawfully admitted for permanent residence) in fiscal year 1985,
is less than--
  `(2) 60 percent of the average of the total annual number of immigrants
  (who are natives of the state) who were issued immigrant visas (or who
  otherwise were granted the status of aliens lawfully admitted for permanent
  residence) during the period beginning with fiscal year 1957 and ending
  with fiscal year 1965.
For purposes of paragraph (1), in the case of a foreign state described in
subsection (b)(1), there shall not be counted immigrants who were granted
permanent resident status under section 209 of the Immigration and Nationality
Act.'.
  (d) ADDITIONAL CHANGES- Such section is further amended by adding at the
  end the following new subsections:
  `(f) ADDITIONAL PROVISIONS-
  `(1) WAIVER OF 2-YEAR FOREIGN RESIDENCY REQUIREMENT- Section 212(e) of
  the Immigration and Nationality Act shall not apply with respect to any
  alien who receives a visa under this section.
  `(2) RELATION TO NONIMMIGRANT STATUS- The fact that an alien applied for
  (but did not receive) a visa under this section shall not preclude the
  alien from applying for, and receiving, a nonimmigrant visa on the ground
  that the alien had expressed an interest in immigrating to the United States.
  `(3) PUBLIC CHARGE DETERMINATION- Nothing in section 212(a)(15) of the
  Immigration and Nationality Act shall be construed as requiring a job
  offer in order for an alien to be found admissible and issued a visa number
  under this section.
  `(4) CARRYOVER OF UNUSED VISA NUMBERS- If the total visa numbers made
  available under subsection (a) (as increased by this paragraph) in a fiscal
  year (beginning with fiscal year 1989) are not issued, the visa number made
  available under subsection (a) in the subsequent year shall be increased
  by such difference in the previous fiscal year.'.
  (e) EFFECTIVE DATE- The amendments made by this section shall take effect
  on the date of the enactment of this Act, except that the amendment made
  by subsection (d) shall apply to aliens who applied for or received a visa
  under section 314 of the Immigration Reform and Control Act of 1986 before,
  on, or after such date.
SEC. 3. GAO STUDY OF SECTION 221(G) DENIALS.
  The Comptroller General shall conduct a study on the number of individuals
  denied visas under the authority of section 221(g) of the Immigration and
  Nationality Act (8 U.S.C. 1201(g)). The study shall compare the number
  of such denials, on a country-by-country basis, identify reasons for the
  denials, and determine the proportion of aliens whose visa applications were
  denied but who were subsequently granted a visa. The Comptroller General
  shall submit a report on the study to the Committees on the Judiciary of the
  House of Representatives and of the Senate by not later than October 1, 1990.