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Border Security and Immigration Enforcement Act of 2017

H.R. 2724 · 115th Congress · May 25, 2017 · Lineage

A BILL

To amend the Immigration and Nationality Act to replace the diversity visa program with a new program under which an immigrant visa can be obtained by paying a fee of $1,000,000, and for other purposes.

Section 1 Short title

This Act may be cited as the “Border Security and Immigration Enforcement Act of 2017”.

Sec. 2 Worldwide level of immigration

Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—
(1)
by striking subsection (a)(3) and inserting the following:

“(3) for fiscal years beginning with fiscal year 2018, paying immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year.”

(2)
by striking subsection (e) and inserting the following:

“(e) Worldwide level of paying immigrants—The worldwide level of paying immigrants is equal to 55,000 for each fiscal year.”

Sec. 3 Allocation of immigrant visas

(a)
In general— Section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) is amended to read as follows:

“(c) Paying immigrants

“(1) In general—Visas shall be made available, in a number not to exceed the worldwide level specified in section 201(e), to qualified immigrants who pay a fee of $1,000,000.

“(2) Treatment of certain children—In the case of each child under 18 years of age who is issued a visa pursuant to subsection (d) as accompanying, or following to join, an immigrant described in paragraph (1), the immigrant shall pay a fee of $500,000.

“(3) Source of funds—An alien shall demonstrate that the funds required under paragraphs (1) and (2) were obtained from a lawful source and through lawful means.

“(4) Allocations to facilitators—The Secretary shall provide by regulation for the allocation of not more than 10 percent of any fees paid by an immigrant under paragraphs (1) and (2) to an individual who facilitates the application process under this subsection on behalf of the immigrant.

“(5) Disposition of funds collected—There is established in the general fund of the Treasury a separate account which shall be known as the “Border Security and Immigration Enforcement Account”. Notwithstanding any other section of this title, except for paragraph (4), there shall be deposited as offsetting receipts into the Border Security and Immigration Enforcement Account all fees collected under this subsection other than fees allocated under paragraph (4), to remain available to the Secretary of Homeland Security until expended to carry out functions assigned to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

“(6) Special naturalization provisions

“(A) Residence requirements—In the case of an alien who obtains the status of an alien lawfully admitted for permanent residence pursuant to this subsection, the alien shall be naturalized upon compliance with all the requirements of title III, except the provisions of section 316(a)(1), within 2 years of being lawfully admitted for permanent residence.

“(B) Priority—In processing applications for naturalization under title III, the Secretary of Homeland Security shall give priority to applications filed by aliens who obtain the status of an alien lawfully admitted for permanent residence pursuant to this subsection.”

(b)
Order of consideration— Section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(2)) is amended by striking “diversity” and inserting “paying”.