Section 1 Short title
This Act may be cited as the “Preserving Employment Visas Act”.
Preserving Employment Visas Act
A BILL
To authorize U.S. Citizenship and Immigration Services to process employment-based immigrant visa applications after September 30, 2021, and to award such visas to eligible applicants from the pool of unused employment-based immigrant visas during fiscal years 2020 and 2021.
Sec. 2 Preservation of expiring employment-based visas
In general— Notwithstanding any other provision of law, for fiscal year 2022, the worldwide level of employment-based immigrants authorized under section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) shall be increased by the number computed under subsection (b) with respect to such worldwide levels.
Computation— The number computed under this subsection is the difference (if any) between—
the sum of the worldwide levels authorized under the section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) for fiscal years 2020 and 2021; and
the sum of the number of aliens who were issued employment-based immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) during the fiscal years referred to in paragraph (1).
Allocation— The Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the increase authorized under subsection (a) on a proportional basis, in accordance with subsections (b) and (e)(1) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153).
Availability— Each visa made available under this section shall remain available for use in fiscal year 2022 or in any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States.