II 

117TH CONGRESS 

1ST SESSION S. 970 

To reduce the backlog of foreign nationals seeking employment-based visas, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2021 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To reduce the backlog of foreign nationals seeking 

employment-based visas, 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 TITLES. 

4 This Act may be cited as the ‘‘Backlog Elimination, 

5 Legal Immigration, and Employment Visa Enhancement 

6 Act’’ or the ‘‘BELIEVE Act’’. 

7 SEC. 2. ALLOCATION OF EMPLOYMENT-BASED VISAS. 

8 (a) WORLDWIDE LEVEL.—Section 201(d)(1)(A) of 

9 the Immigration and Nationality Act (8 U.S.C. 


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1 1151(d)(1)(A)) is amended by striking ‘‘140,000,’’ and in2 serting ‘‘270,000;’’. 

3 (b) ELIMINATION OF PER-COUNTRY LIMITATION FOR

4 EMPLOYMENT-BASED IMMIGRANTS.—Section 202(a)(2) 

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

6 1152(a)(2)) is amended— 

7 (1) in the paragraph heading, by striking ‘‘AND

8 EMPLOYMENT-BASED’’; 

9 (2) by striking ‘‘subsections (a) and (b) of sec10 tion 203’’ and inserting ‘‘section 203(a)’’; and 

11 (3) by striking ‘‘such subsections’’ and inserting 

12 ‘‘such subsection’’. 

13 (c) PREFERENCE ALLOCATIONS FOR EMPLOYMENT14 BASED IMMIGRANTS.—Section 203(b) of the Immigration 

15 and Nationality Act (8 U.S.C. 1153(b)) is amended— 

16 (1) in paragraph (1), in the matter preceding 

17 subparagraph (A), by striking ‘‘28.6 percent’’ and 

18 inserting ‘‘29.63 percent’’; 

19 (2) in paragraph (2)(A), by striking ‘‘28.6 per20 cent’’ and inserting ‘‘29.63 percent’’; 

21 (3) in paragraph (3)(A), in the matter pre22 ceding clause (i), by striking ‘‘28.6 percent’’ and in23 serting ‘‘29.63 percent’’; 

24 (4) in paragraph (4), by striking ‘‘7.1 percent’’ 

25 and inserting ‘‘3.7 percent’’; and 


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1 (5) in paragraph (5)(A), in the matter pre2 ceding clause (i), by striking ‘‘7.1 percent’’ and in3 serting ‘‘7.41 percent’’. 

4 (d) TREATMENT OF FAMILY MEMBERS.—Section 

5 203(d) of the Immigration and Nationality Act (8 U.S.C. 

6 1153(d)) is amended by adding at the end the following: 

7 ‘‘Visas issued to a spouse or child of an immigrant de8 scribed in subsection (b) shall not be counted against the 

9 worldwide level of such visas set forth in section 201(d)(1) 

10 or the per country level set forth in section 202(a)(2).’’. 

11 SEC. 3. HEALTH CARE WORKERS. 

12 (a) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

13 Section 201(b)(1) of the Immigration and Nationality Act 

14 (8 U.S.C. 1151(b)(1)) is amended by adding at the end 

15 the following: 

16 ‘‘(F) Aliens who are members of an occupation 

17 that the Secretary of Labor has designated under 

18 Group I of Schedule A pursuant to section 656.15 

19 of title 20, Code of Federal Regulations, and are 

20 coming to the United States to work in such occupa21 tion, and the spouses and children (as defined in 

22 subparagraph (A), (B), (C), (D), or (E) of section 

23 101(b)(1)) of such aliens. Aliens described in this 

24 subparagraph may apply for an immigrant visa.’’. 


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1 (b) PETITION.—Section 204(a)(1) of the Immigra2 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend3 ed— 

4 (1) by shifting subparagraph (L) 4 ems to the 

5 left; and 

6 (2) by adding at the end the following: 

7 ‘‘(M) Any employer desiring and intending to employ 

8 within the United States an alien entitled to classification 

9 under section 201(b)(1)(F) may file a petition with the 

10 Secretary of Homeland Security for such classification on 

11 behalf of such alien.’’. 

12 SEC. 4. DEPENDENTS OF NONIMMIGRANTS. 

13 (a) EXEMPTION FROM NUMERICAL LIMITATIONS

14 FOR CERTAIN COLLEGE GRADUATES.—Section 201(b)(1) 

15 of the Immigration and Nationality Act, as amended by 

16 section 3(a), is further amended by adding at the end the 

17 following: 

18 ‘‘(G) Aliens who— 

19 ‘‘(i) are not inadmissible under section 

20 212(a) or deportable under section 237(a); 

21 ‘‘(ii) have lived in the United States an ag22 gregate period of not less than 10 years; 

23 ‘‘(iii) were admitted as a dependent of a 

24 nonimmigrant under subparagraph (E), (H), or 

25 (L) of section 101(a)(15); and 


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1 ‘‘(iv) graduated from an institution of 

2 higher education (as defined in section 102(a) 

3 of the Higher Education Act of 1965 (20 

4 U.S.C. 1002(a))) in the United States.’’. 

5 (b) PETITION.—Section 204(a)(1) of the Immigra6 tion and Nationality Act, as amended by section 3(b), is 

7 further amended by adding at the end the following: 

8 ‘‘(N) Any employer desiring and intending to employ 

9 within the United States an alien entitled to classification 

10 under section 201(b)(1)(G) may file a petition with the 

11 Secretary of Homeland Security for such classification on 

12 behalf of such alien.’’. 

13 (c) AUTHORIZATION OF EMPLOYMENT FOR CHIL14 DREN AND SPOUSES OF NONIMMIGRANTS.—Section 214 

15 of the Immigration and Nationality Act (8 U.S.C. 1184) 

16 is amended by adding at the end the following: 

17 ‘‘(s) The Secretary of Homeland Security shall— 

18 ‘‘(1) authorize an alien spouse admitted under 

19 subparagraph (E), (H), or (L) of section 101(a)(15), 

20 who is accompanying or following to join a principal 

21 alien admitted under any such subparagraph, to en22 gage in employment in the United States; and 

23 ‘‘(2) provide such alien spouse with an ‘employ24 ment authorized’ endorsement or other appropriate 

25 work permit. 


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1 ‘‘(t) The Secretary of Homeland Security shall au2 thorize an alien child admitted under subparagraph (E), 

3 (H), or (L) of section 101(a)(15), who is accompanying 

4 or following to join a principal alien admitted under any 

5 such subparagraph, to engage in employment in the 

6 United States, and shall provide such child with an ‘em7 ployment authorized’ endorsement or other appropriate 

8 work permit if— 

9 ‘‘(1) the child is at least 16 years of age; 

10 ‘‘(2) the child, or the child’s legal representa11 tive, requests such work authorization; and 

12 ‘‘(3) any employment in which the child may 

13 engage complies with the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 201 et seq.).’’. 

15 (d) ADJUSTMENT OF STATUS EARLY FILING FOR

16 NONIMMIGRANTS WITH APPROVED IMMIGRANT PETI17 TIONS.—Section 245 of the Immigration and Nationality 

18 Act (8 U.S.C. 1255) is amended— 

19 (1) by amending subsection (a) to read as fol20 lows: 

21 ‘‘(a) STATUS AS PERSON ADMITTED FOR PERMA22 NENT RESIDENCE ON APPLICATION AND ELIGIBILITY FOR

23 IMMIGRANT VISA.—The Secretary of Homeland Security, 

24 in the discretion of the Secretary and under such regula25 tions as the Secretary may prescribe, may adjust the staVerDate Sep 11 2014 22:05 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S970.IS S970

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1 tus of an alien who was inspected and admitted or paroled 

2 into the United States or the status of any other alien 

3 with an approved petition for classification as a VAWA 

4 self-petitioner if— 

5 ‘‘(1) the alien makes an application for such ad6 justment; 

7 ‘‘(2) the alien is eligible to receive an immigrant 

8 visa and is admissible to the United States for per9 manent residence; and 

10 ‘‘(3) an immigrant visa is immediately available 

11 to the alien at the time the alien’s application is ad12 judicated.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(n) ADJUSTMENT OF STATUS APPLICATION AFTER

15 AN APPROVED IMMIGRANT PETITION.— 

16 ‘‘(1) APPLICATION.—An alien who has an ap17 proved immigrant petition may file an application 

18 for adjustment of status under subsection (a), 

19 which, if the alien is otherwise eligible, shall remain 

20 pending until a visa number becomes available. 

21 ‘‘(2) STATUS.—An admissible alien who has 

22 properly filed an adjustment of status application 

23 under subsection (a) shall, throughout the pendency 

24 of such application— 


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1 ‘‘(A) have a lawful status and be consid2 ered lawfully present for purposes of section 

3 212(a); and 

4 ‘‘(B) following a biometric background 

5 check, be eligible for employment and travel au6 thorization incident to such status. 

7 ‘‘(3) BIOMETRIC BACKGROUND CHECK.—Any 

8 biometric background check performed with respect 

9 to an alien during the 1-year period immediately 

10 preceding the alien’s submission of an application 

11 for an adjustment of status under subsection (a) 

12 shall be sufficient for meeting the biometric back13 ground check requirement under paragraph 

14 (2)(B).’’. 

Æ 


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