Nuclear Family Priority Act
This bill imposes limits on various types of family-sponsored immigration visas.
The alien parents of U.S. citizens shall not qualify for visas for immediate relatives, which are not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives.
The bill also creates a nonimmigrant visa for such parents of citizens. Such aliens shall not be eligible for employment or any public benefits.
The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 88,000, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000.
Preference allocations (visa categories subject to various annual caps) for various family-sponsored visas shall be eliminated, including those for the siblings and married children of citizens. The bill provides for a preference allocation for the unmarried children under 21 and spouses of permanent residents, subject to the 88,000 annual cap.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4050 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4050
To amend the Immigration and Nationality Act to make changes related to
family-sponsored immigrants and to reduce the number of such
immigrants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2021
Mr. Hice of Georgia introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to make changes related to
family-sponsored immigrants and to reduce the number of such
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 ``Nuclear Family Priority Act''.
SEC. 2. IMMEDIATE RELATIVE DEFINITION.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended--
(1) by striking ``children, spouses, and parents'' and
inserting ``children and spouses''; and
(2) by striking ``States, except that'' and all that
follows through ``of age.'' and inserting ``States.''.
SEC. 3. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES.
Section 203(a) of the Immigration and Nationality Act (8 U.S.C.
1153(a)) is amended to read as follows:
``(a) Preference Allocation for Spouses and Children of Permanent
Resident Aliens.--Qualified immigrants who are the spouses or children
of an alien lawfully admitted for permanent residence shall be allotted
visas in a number not to exceed the worldwide level specified in
section 201(c).''.
SEC. 4. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.
Section 201(c) of the Immigration and Nationality Act (8 U.S.C.
1151(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The worldwide level of family-sponsored immigrants
under this subsection for a fiscal year is equal to--
``(A) 88,000; minus
``(B) the number computed under paragraph (2).'';
(2) by striking paragraphs (2), (3), and (5); and
(3) by redesignating paragraph (4) as paragraph (2).
SEC. 5. CONFORMING AMENDMENTS.
(a) Numerical Limitation to Any Single Foreign State.--Section 202
of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(4)--
(A) by amending subparagraphs (A) and (B) to read
as follows:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, the remaining 25 percent shall be
available, in the case of a foreign state or
dependent area that is subject to subsection
(e) only to the extent that the total number of
visas issued in accordance with subsection (A)
to natives of the foreign state or dependent
area is less than the subsection (e) ceiling
(as defined in clause (ii)).
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or area
consistent with subsection (e).''; and
(B) by striking subparagraphs (C) and (D); and
(2) in subsection (e)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in the final sentence, by striking
``respectively,'' and all that follows through the
period at the end and inserting ``respectively.''.
(b) Rules for Determining Whether Certain Aliens Are Children.--
Section 203(h) of the Immigration and Nationality Act (8 U.S.C.
1153(h)) is amended by striking ``(a)(2)(A)'' each place such term
appears and inserting ``(a)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking ``to
classification by reason of a relationship described in
paragraph (1), (3), or (4) of section 203(a) or'';
(B) in subparagraph (B), by striking
``203(a)(2)(A)'' and ``203(a)(2)'' each place such
terms appear and inserting ``203(a)''; and
(C) in subparagraph (D)(i)(I), by striking ``a
petitioner for preference status under paragraph (1),
(2), or (3)'' and all that follows through the period
at the end and inserting ``an individual under 21 years
of age for purposes of adjudicating such petition and
for purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-sponsored
immigrant under section 203(a), as appropriate,
notwithstanding the actual age of the individual.'';
(2) in subsection (f)(1), by striking ``201(b), 203(a)(1),
or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and
(3) by striking subsection (k).
(d) Waivers of Inadmissibility.--Section 212(d)(11) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by
striking ``(other than paragraph (4) thereof)''.
(e) Conditional Permanent Resident Status for Certain Alien Spouses
and Sons and Daughters.--Section 216(h)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``203(a)(2)'' and inserting ``203(a)''.
(f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended
by striking ``203(a)(2)'' and inserting ``203(a)''.
SEC. 6. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES
CITIZENS.
(a) In General.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``or''; and
(3) by adding at the end the following:
``(W) Subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen is at least
21 years of age.''.
(b) Conditions on Admission.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such
period may be extended by the Secretary of Homeland Security so long as
the United States citizen son or daughter of the nonimmigrant is
residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W) is not
authorized to be employed in the United States and is not eligible,
notwithstanding any other provision of law, for any Federal, State, or
local public benefit. In the case of such a nonimmigrant, the United
States citizen son or daughter shall be responsible for the support of
the nonimmigrant, regardless of the resources of the nonimmigrant.
``(3) An alien is ineligible to receive a visa and ineligible to be
admitted into the United States as a nonimmigrant described in section
101(a)(15)(W) unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for the provision to
the alien, at no cost to the alien, of health insurance coverage
applicable during the period of the alien's presence in the United
States.''.
SEC. 7. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall take effect on the first day
of the second fiscal year that begins after the date of the enactment
of this Act, except that the following shall be considered invalid:
(1) Any petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) seeking classification of an
alien under a family-sponsored immigrant category eliminated by
the amendments made by this Act that is filed after the date of
the introduction of this Act.
(2) Any application for an immigrant visa based on a
petition described in paragraph (1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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