Fairness for High-Skilled Immigrants Act of 2017
This bill amends the Immigration and Nationality Act to: (1) eliminate the per-country numerical limitation for employment-based immigrants, and (2) increase the per-country numerical limitation for family-based immigrants from 7% to 15% of the total number of family-sponsored visas.
The Chinese Student Protection Act of 1992 is amended to eliminate the provision requiring the reduction of annual Chinese immigrant visas to offset status adjustments under such Act.
The bill establishes a transition period during which a percentage of employment-based second and third preference (EB-2 and EB-3) immigrant visas are reserved as follows:
During the transition period, not more than 25% of the total number of the reserved EB-2 and EB-3 visas shall be allotted to natives of a single country.
For FY2015-FY2017, not more than 85% of the unreserved EB-2 and EB-3 visas shall be allotted to natives of a single country.
Amendments made by this bill shall apply beginning in FY2017.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 392 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 392
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 HOUSE OF REPRESENTATIVES
January 10, 2017
Mr. Chaffetz (for himself, Mr. Bishop of Michigan, Mr. Cohen, Mrs.
Comstock, Mr. Connolly, Mr. Courtney, Mr. Cummings, Mr. Deutch, Mr.
Farenthold, Ms. Kelly of Illinois, Mr. Langevin, Mrs. Love, Ms. Meng,
Mr. O'Rourke, Mr. Paulsen, Mr. Pearce, Mr. Quigley, Mr. Ryan of Ohio,
Ms. Slaughter, Ms. Stefanik, Mr. Stewart, Mr. Swalwell of California,
Mr. Takano, Mrs. Wagner, Mr. Walz, and Mr. Yarmuth) 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 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--
(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), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and 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
years beginning with fiscal year 2017.
(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 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.--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) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) and not reserved under paragraph (1), for each
of fiscal years 2015, 2016, and 2017, 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 2015, 2016, or 2017, 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) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
ASSUMING FIRST SPONSORSHIP - Mr. Yoder asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 392, a bill originally introduced by Representative Chaffetz, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
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