II 

116TH CONGRESS 

1ST SESSION S. 386 

To amend the Immigration and Nationality Act to eliminate the per-country 

numerical limitation for employment-based immigrants, to increase the 

per-country numerical limitation for family-sponsored immigrants, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. LEE (for himself, Ms. HARRIS, Mr. CRAMER, Mr. BLUNT, Ms. COLLINS, 

Mr. MORAN, Mr. CARPER, Mr. WYDEN, Ms. CANTWELL, Mr. GARDNER, 

Mr. COTTON, Ms. BALDWIN, Mr. MERKLEY, Mr. BENNET, and Ms. 

SINEMA) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to eliminate 

the per-country numerical limitation for employmentbased immigrants, to increase the per-country numerical 

limitation for family-sponsored immigrants, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness for High5 Skilled Immigrants Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 386 IS

1 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

2 STATE. 

3 (a) IN GENERAL.—Section 202(a)(2) of the Immi4 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

5 amended to read as follows: 

6 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON7 SORED IMMIGRANTS.—Subject to paragraphs (3) 

8 and (4), the total number of immigrant visas made 

9 available to natives of any single foreign state or de10 pendent area under section 203(a) in any fiscal year 

11 may not exceed 15 percent (in the case of a single 

12 foreign state) or 2 percent (in the case of a depend13 ent area) of the total number of such visas made 

14 available under such section in that fiscal year.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 202 of 

16 such Act (8 U.S.C. 1152) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (3), by striking ‘‘both 

19 subsections (a) and (b) of section 203’’ and in20 serting ‘‘section 203(a)’’; and 

21 (B) by striking paragraph (5); and 

22 (2) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

25 If the total number of immigrant visas made available 

26 under section 203(a) to natives of any single foreign state 


kjohnson on DSK79L0C42 with BILLS
3 

•S 386 IS

1 or dependent area will exceed the numerical limitation 

2 specified in subsection (a)(2) in any fiscal year, immigrant 

3 visas shall be allotted to such natives under section 203(a) 

4 (to the extent practicable and otherwise consistent with 

5 this section and section 203) in a manner so that, except 

6 as provided in subsection (a)(4), the proportion of the 

7 visas made available under each of paragraphs (1) through 

8 (4) of section 203(a) is equal to the ratio of the total visas 

9 made available under the respective paragraph to the total 

10 visas made available under section 203(a).’’. 

11 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

12 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

13 note) is amended— 

14 (1) in subsection (a), by striking ‘‘(as defined 

15 in subsection (e))’’; 

16 (2) by striking subsection (d); and 

17 (3) by redesignating subsection (e) as sub18 section (d). 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect as if enacted on September 

21 30, 2019, and shall apply to fiscal year 2020 and each 

22 subsequent fiscal year. 

23 (e) TRANSITION RULES FOR EMPLOYMENT-BASED

24 IMMIGRANTS.— 


kjohnson on DSK79L0C42 with BILLS
4 

•S 386 IS

1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 through (5), and notwithstanding title II of the Im3 migration and Nationality Act (8 U.S.C. 1151 et 

4 seq.), the following rules shall apply: 

5 (A) For fiscal year 2020, 15 percent of the 

6 immigrant visas made available under each of 

7 paragraphs (2) and (3) of section 203(b) of 

8 such Act (8 U.S.C. 1153(b)) shall be allotted to 

9 immigrants who are natives of a foreign state 

10 or dependent area that is not one of the two 

11 states with the largest aggregate numbers of 

12 natives obtaining immigrant visas under such 

13 paragraphs. 

14 (B) For fiscal year 2021, 10 percent of the 

15 immigrant visas made available under each of 

16 such paragraphs shall be allotted to immigrants 

17 who are natives of a foreign state or dependent 

18 area that is not one of the two states with the 

19 largest aggregate numbers of natives obtaining 

20 immigrant visas under such paragraphs. 

21 (C) For fiscal year 2022, 10 percent of the 

22 immigrant visas made available under each of 

23 such paragraphs shall be allotted to immigrants 

24 who are natives of a foreign state or dependent 

25 area that is not one of the two states with the 


kjohnson on DSK79L0C42 with BILLS
5 

•S 386 IS

1 largest aggregate numbers of natives obtaining 

2 immigrant visas under such paragraphs. 

3 (2) PER-COUNTRY LEVELS.— 

4 (A) RESERVED VISAS.—The number of 

5 visas reserved under each of subparagraphs (A) 

6 through (C) of paragraph (1) made available to 

7 natives of any single foreign state or dependent 

8 area in the appropriate fiscal year may not ex9 ceed 25 percent (in the case of a single foreign 

10 state) or 2 percent (in the case of a dependent 

11 area) of the total number of such visas. 

12 (B) UNRESERVED VISAS.—Not more than 

13 85 percent of the immigrant visas made avail14 able under each of paragraphs (2) and (3) of 

15 section 203(b) of the Immigration and Nation16 ality Act (8 U.S.C. 1153(b)) and not reserved 

17 under paragraph (1), for each of the fiscal 

18 years 2020, 2021, and 2022, may be allotted to 

19 immigrants who are natives of any single for20 eign state. 

21 (3) SPECIAL RULE TO PREVENT UNUSED

22 VISAS.—If, with respect to fiscal year 2020, 2021, or 

23 2022, the application of paragraphs (1) and (2) 

24 would prevent the total number of immigrant visas 

25 made available under paragraph (2) or (3) of section 


kjohnson on DSK79L0C42 with BILLS
6 

•S 386 IS

1 203(b) of the Immigration and Nationality Act (8 

2 U.S.C. 1153(b)) from being issued, such visas may 

3 be issued during the remainder of such fiscal year 

4 without regard to paragraphs (1) and (2). 

5 (4) TRANSITION RULE FOR CURRENTLY AP6 PROVED BENEFICIARIES.— 

7 (A) IN GENERAL.—Notwithstanding sec8 tion 202 of the Immigration and Nationality 

9 Act, as amended by this Act, immigrant visas 

10 under section 203(b) of the Immigration and 

11 Nationality Act (8 U.S.C. 1153(b)) shall be al12 located such that no alien described in subpara13 graph (B) receives a visa later than the alien 

14 otherwise would have received said visa had this 

15 Act not been enacted. 

16 (B) ALIEN DESCRIBED.—An alien is de17 scribed in this subparagraph if the alien is the 

18 beneficiary of a petition for an immigrant visa 

19 under section 203(b) of the Immigration and 

20 Nationality Act (8 U.S.C. 1153(b)) that was 

21 approved prior to the date of enactment of this 

22 Act. 

23 (5) RULES FOR CHARGEABILITY.—Section 

24 202(b) of such Act (8 U.S.C. 1152(b)) shall apply 


kjohnson on DSK79L0C42 with BILLS
7 

•S 386 IS

1 in determining the foreign state to which an alien is 

2 chargeable for purposes of this subsection. 

Æ 


kjohnson on DSK79L0C42 with BILLS