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Title III — Employment-Based Immigrant Visas

S. 169 · 113th Congress · Jan 29, 2013 · Lineage

III Employment-Based Immigrant Visas

Sec. 301 Elimination of per-country numerical limitations

(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 the Immigration and Nationality 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, the number of visas for natives of that state or area shall be allocated under section 203(a) 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 on October 1, 2013, and shall apply to fiscal years beginning with fiscal year 2014.

Sec. 302 Recapturing lost employment-based immigrant visas

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 visas—The number computed under this paragraph is the difference, if any, between—

“(A) the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through the current fiscal year; and

“(B) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years.”

Sec. 303 Aliens not subject to direct numerical limitation

(a)
In general— Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

“(F) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b).

“(G) Aliens who have earned a master's or higher degree in a field listed on the STEM Designated Degree Program List published by the Department of Homeland Security on the Student and Exchange Visitor Program website from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).

“(H) Aliens for whom a petition for an employment-based immigrant visa under paragraph (A) or (B) of section 203(b)(1) has been approved.”

(b)
Conforming amendments— Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended—
(1)
in paragraph (1), by striking “28.6 percent” and inserting “12 percent”;
(2)
in paragraph (2)(A), by striking “28.6 percent” and inserting “36.9 percent”; and
(3)
in paragraph (3)—
(A)
in subparagraph (A), by striking “28.6 percent” and inserting “36.9 percent”;
(B)
by striking subparagraph (B); and
(C)
by redesignating subparagraph (C) as subparagraph (B).