I 

108TH CONGRESS 

1ST SESSION H. R. 3136

To amend the Immigration and Nationality Act to reduce the annual income 

level at which a person petitioning for a family-sponsored immigrant’s 

admission must agree to provide support in a case where a United 

States employer has agreed to employ the immigrant for a period of 

not less than one year after admission or where the sponsored alien 

is under the age of 18. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2003

Mr. WEINER (for himself and Mr. RANGEL) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to reduce 

the annual income level at which a person petitioning 

for a family-sponsored immigrant’s admission must agree 

to provide support in a case where a United States 

employer has agreed to employ the immigrant for a 

period of not less than one year after admission or 

where the sponsored alien is under the age of 18.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. MODIFICATION OF REQUIREMENTS FOR SPON2 SOR’S AFFIDAVIT OF SUPPORT WHERE FAM3 ILY-SPONSORED IMMIGRANT HAS A JOB 

4 OFFER. 

5 (a) IN GENERAL.—Section 213A(a)(1)(A) of the Im6 migration and Nationality Act (8 U.S.C. 1183a(a)(1)(A)) 

7 is amended to read as follows: 

8 ‘‘(A) in which the sponsor—

9 ‘‘(i) agrees to provide support to 

10 maintain the sponsored alien at an annual 

11 income that is not less than 125 percent of 

12 the Federal poverty line during the period 

13 in which the affidavit is enforceable; 

14 ‘‘(ii) agrees to provide support to 

15 maintain the sponsored alien (in the case 

16 only of a sponsored alien described in sec17 tion 212(a)(4)(C)) at an annual income 

18 that is not less than 100 percent of the 

19 Federal poverty line during the period in 

20 which the affidavit is enforceable and pro21 vides a written contract (which may be 

22 contingent on the sponsored alien’s phys23 ical presence in the United States) obli24 gating an employer to employ the spon25 sored alien during a 1-year period of em26 ployment in the United States at an an-
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1 nual income that is not less than 100 per2 cent of the Federal poverty line (for a fam3 ily unit of a size equal to the number of 

4 members of the sponsored alien’s expected 

5 household in the United States (including 

6 family and non-family dependents)); or 

7 ‘‘(iii) agrees to provide support to 

8 maintain the sponsored alien, in the case 

9 only of a sponsored alien described in sec10 tion 212(a)(4)(C) who will be under 18 

11 years of age throughout the period in 

12 which the affidavit is enforceable, at an 

13 annual income that is not less than 100 

14 percent of the Federal poverty line during 

15 the period in which the affidavit is enforce16 able;’’. 

17 (b) CONFORMING AMENDMENT.—Section 213A(f)(2) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1183a(f)(2)) is amended to read as follows: 

20 ‘‘(2) INCOME REQUIREMENT CASE.—Such term 

21 also includes an individual who does not meet the re22 quirement of paragraph (1)(E) but—

23 ‘‘(A) who accepts joint and several liability 

24 together with an individual under paragraph 

25 (5); or 
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1 ‘‘(B) who—

2 ‘‘(i) is petitioning for the admission of 

3 an alien described in section 212(a)(4)(C); 

4 ‘‘(ii) demonstrates (as provided in 

5 paragraph (6)) the means to maintain an 

6 annual income equal to at least 100 per7 cent of the Federal poverty line; and 

8 ‘‘(iii) in a case described in subsection 

9 (a)(1)(A)—

10 ‘‘(I) is petitioning for the admis11 sion of an alien described in clause (ii) 

12 of such subsection; or 

13 ‘‘(II) provides the employment 

14 contract referred to in clause (iii) of 

15 such subsection.’’.

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