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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1983 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1983

   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

                           December 13, 2011

  Mr. Schumer (for himself, Mr. Leahy, and Mr. Durbin) 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 employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, and for other purposes.

    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 ``Fairness for High-Skilled Immigrants 
Act of 2011''.

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(3), by striking ``both subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available under section 
203(a) to natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner so 
that, except as provided in subsection (a)(4), the proportion of the 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2011, and shall apply to fiscal 
year 2012 and each subsequent fiscal year.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to paragraphs (2) through (4), and 
        notwithstanding title II of the Immigration and Nationality Act 
        (8 U.S.C. 1151 et seq.), the following rules shall apply:
                    (A) For fiscal year 2012, 15 percent of the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not 1 of the 2 States with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2010 under such paragraphs.
                    (B) For fiscal year 2013, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not 1 of the 2 States with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2011 under such paragraphs.
                    (C) For fiscal year 2014, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not 1 of the 2 States with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2012 under such paragraphs.
            (2) Per-country levels.--
                    (A) Reserved visas.--With respect to the visas 
                reserved under each of subparagraphs (A) through (C) of 
                paragraph (1), the number of such visas made available 
                to natives of any single foreign state or dependent 
                area in the appropriate fiscal year may not exceed 25 
                percent (in the case of a single foreign state) or 2 
                percent (in the case of a dependent area) of the total 
                number of such visas.
                    (B) Unreserved visas.--With respect to the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) and not reserved under paragraph (1), for each 
                of fiscal years 2012, 2013, and 2014, not more than 85 
                percent shall be allotted to immigrants who are natives 
                of any single foreign state.
            (3) Special rule to prevent unused visas.--If, with respect 
        to fiscal year 2012, 2013, or 2014, the application of 
        paragraphs (1) and (2) would prevent the total number of 
        immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of such Act (8 U.S.C. 1153(b)) from being 
        issued, such visas may be issued during the remainder of such 
        fiscal year without regard to paragraphs (1) and (2).
            (4) Rules for chargeability.--Section 202(b) of such Act (8 
        U.S.C. 1152(b)) shall apply in determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.

SEC. 3. E-VISA REFORM.

    (a) Definition.--Section 101(a)(15)(E)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting 
``, or solely to perform services as an employee who meets the 
requirements under section 203(d)(2) if the alien is a national of the 
Republic of Ireland,'' after ``Australia''.
    (b) Temporary Admission.--Section 212(d)(3)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended to read as 
follows:
            ``(A) Except as otherwise provided in this subsection--
                    ``(i) an alien who is applying for a nonimmigrant 
                visa and who the consular officer knows or believes to 
                be ineligible for such visa under subsection (a) (other 
                than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), 
                (E)(i), and (E)(ii) of paragraph (3) of such 
                subsection)--
                            ``(I) after approval by the Secretary of 
                        Homeland Security of a recommendation by the 
                        Secretary of State or by the consular officer 
                        that the alien be admitted temporarily despite 
                        the alien's inadmissibility, may be granted 
                        such a visa and may be admitted into the United 
                        States temporarily as a nonimmigrant, in the 
                        discretion of the Secretary of Homeland 
                        Security; or
                            ``(II) absent such recommendation and 
                        approval, be granted a nonimmigrant visa 
                        pursuant to section 101(a)(15)(E) if such 
                        ineligibility is based solely on conduct in 
                        violation of paragraph (6), (7), or (9) of 
                        section 212(a) that occurred before the date of 
                        the enactment of the Fairness for High-Skilled 
                        Immigrants Act of 2011;
                    ``(ii) an alien who is inadmissible under 
                subsection (a) (other than subparagraphs (A)(i)(I), 
                (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of 
                paragraph (3) of such subsection), is in possession of 
                appropriate documents or was granted a waiver from such 
                document requirement, and is seeking admission, may be 
                admitted into the United States temporarily as a 
                nonimmigrant, in the discretion of the Secretary of 
                Homeland Security, who shall prescribe conditions, 
                including exaction of such bonds as may be necessary, 
                to control and regulate the admission and return of 
                inadmissible aliens applying for temporary admission 
                under this paragraph.''.
    (c) Numerical Limitation.--Section 214(g)(11)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(11)(B)) is amended by inserting 
``for each of the nationalities identified under section 
101(a)(15)(E)(iii)'' before the period at the end.
                                 <all>
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