pending legislation

h.r. 5882

If enacted, H.R. 5882 would accomplish the following:

• Recapture immigrant visas that were available to family and employment categories, but were unused due to administrative delays.  The recapture would extend from October 1, 1991 through September 30, 2007.  No new immigrant visas are made available; only those that were unused are reclaimed.
• Ensure that future wastage does not occur by rolling forward any unused immigrant visas available to family and employment categories in a given year to the next year.
• Retain unused visas in a given category (family or employment) within that category.  Under current law, unused family immigrant visas roll forward to the employment category and vice versa.

Track H.R. 5882.

Here is the text of H.R. 5882:

To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.

Ms. ZOE LOFGREN of California (for herself and Mr. SENSENBRENNER) introduced the following bill; which was referred to the Committee on the Judiciary

To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.

1. Worldwide Level of Employment-Based Immigrants- 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—
      1. 140,000;
      2. the number computed under paragraph (2); and
      3. the number computed under paragraph (3).
   2. UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between—
      1. the worldwide level established under paragraph (1) for the previous fiscal year; and
      2. the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.
   3. UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between—
      1. the difference, if any, between—
         1. the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2007; and
         2. the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and
      2. the number of visas actually issued after fiscal year 2007 pursuant to an immigrant visa number issued under section 203(b), subject to this subsection, during fiscal years 1992 through 2007.’.
2. Worldwide Level of Family-Sponsored Immigrants- Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
   ‘(c) Worldwide Level of Family-Sponsored Immigrants-
   1. IN GENERAL-
      1. BASE LEVEL- Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to—
         1. 480,000 minus the number computed under paragraph (2); plus
         2. the sum of the number computed under paragraph (3) and the number computed under paragraph (4).
      2. MINIMUM- In no case shall the number computed under subparagraph (A) be less than 226,000.
   2. NUMBER OF CERTAIN ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS- The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year.
   3. UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between—
      1. the worldwide level established under paragraph (1) for the previous fiscal year; and
      2. the number of visas actually issued under section 203(a), subject to this subsection, during the previous fiscal year.
   4. UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between—
      1. the difference, if any, between—
         1. the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2007; and
         2. the number of visas actually issued under section 203(a), subject to this subsection, during such fiscal years; and
      2. the number of visas actually issued after fiscal year 2007 pursuant to an immigrant visa number issued under section 203(a), subject to this subsection, during fiscal years 1992 through 2007.’.
3. Effective Date- The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.

h.r. 5921

If enacted, H.R. 5921 will accomplish the following:

• Eliminate per-country limits for the employment category.
• Increase the per-country limits for the family category from 7% to 10%.
• Retain unused visas in a given category (family or employment) within that category.  Under current law, unused family immigrant visas roll forward to the employment category and vice versa.

Track H.R. 5921.

Here is the text of H.R. 5921:

To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.

Ms. ZOE LOFGREN of California (for herself and Mr. GOODLATTE) introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.

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 ‘High Skilled Per Country Level Elimination Act’.

SEC. 2. ELIMINATION OF PER COUNTRY LEVEL FOR EMPLOYMENT-BASED IMMIGRANTS.

Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended—

1. in paragraph (2)—
   1. by striking ‘, (4), and (5)’ and inserting ‘and (4)’; and
   2. by striking ‘subsections (a) and (b) of section 203’ and inserting ‘section 203(a)’;
   3. by striking ‘7 percent (in the case of a single foreign state) or 2 percent’ and inserting ‘10 percent (in the case of a single foreign state) or 5 percent’; and
   4. by striking ‘such subsections’ and inserting ‘such section’; and
2. by striking paragraph (5).

SEC. 3. WORLDWIDE LEVELS OF EMPLOYMENT-BASED AND FAMILY-SPONSORED IMMIGRANTS.

1. Worldwide Level of Employment-Based Immigrants- 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—
      1. 140,000; and
      2. the number computed under paragraph (2).
   2. UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between—
      1. the worldwide level established under paragraph (1) for the previous fiscal year; and
      2. the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.’.
2. Worldwide Level of Family-Sponsored Immigrants- Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
   ‘(c) Worldwide Level of Family-Sponsored Immigrants-
   1. IN GENERAL-
      1. BASE LEVEL- Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to—
         1. 480,000 minus the number computed under paragraph (2); plus
         2. the number computed under paragraph (3).
      2. MINIMUM- In no case shall the number computed under subparagraph (A) be less than 226,000.
   2. NUMBER OF CERTAIN ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS- The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year.
   3. UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between—
      1. the worldwide level established under paragraph (1) for the previous fiscal year; and
      2. the number of visas actually issued under section 203(a), subject to this subsection, during the previous fiscal year.’.
3. Effective Date- The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.