II 

110TH CONGRESS 

2D SESSION S. 3414 

To recapture family-sponsored and employment-based immigrant visas lost 

to bureaucratic delays and to prevent losses of family-sponsored and 

employment-based immigrant visas in the future, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. MENENDEZ (for himself, Mrs. MURRAY, Mr. KENNEDY, and Ms. CANTWELL) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To recapture family-sponsored and employment-based immigrant visas lost to bureaucratic delays and to prevent 

losses of family-sponsored and employment-based immigrant visas in the future, 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 ‘‘Visa Efficiency and 

5 E-Verify Extension Act of 2008’’. 


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1 SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BU2 REAUCRATIC DELAY. 

3 (a) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

4 IMMIGRANTS.—Section 201(d) of the Immigration and 

5 Nationality Act (8 U.S.C. 1151(d)) is amended to read 

6 as follows: 

7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

8 IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.—The worldwide level of em10 ployment-based immigrants under this subsection for 

11 a fiscal year is equal to the sum of— 

12 ‘‘(A) 140,000, plus 

13 ‘‘(B) the number computed under para14 graph (2), plus 

15 ‘‘(C) the number computed under para16 graph (3). 

17 ‘‘(2) UNUSED VISA NUMBERS FROM PREVIOUS

18 FISCAL YEAR.—The number computed under this 

19 paragraph for a fiscal year is the difference, if any, 

20 between— 

21 ‘‘(A) the worldwide level of employment22 based immigrant visas established for the pre23 vious fiscal year; and 

24 ‘‘(B) the number of visas actually issued 

25 under section 203(b), subject to this subsection, 

26 during the previous fiscal year. 


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1 ‘‘(3) UNUSED VISA NUMBERS FROM FISCAL

2 YEARS 1992 THROUGH 2007.—The number computed 

3 under this paragraph is the difference, if any, be4 tween— 

5 ‘‘(A) the difference, if any, between— 

6 ‘‘(i) the sum of the worldwide levels of 

7 employment-based immigrant visas estab8 lished for each of fiscal years 1992 

9 through 2007; and 

10 ‘‘(ii) the number of visas actually 

11 issued under section 203(b), subject to this 

12 subsection, during such fiscal years; and 

13 ‘‘(B) the number of unused visas from fis14 cal years 1992 through 2007 that were issued 

15 after fiscal year 2007 under section 203(b), 

16 subject to this subsection.’’. 

17 (b) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM18 MIGRANTS.—Section 201(c) of the Immigration and Na19 tionality Act (8 U.S.C. 1151(c)) is amended to read as 

20 follows: 

21 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

22 IMMIGRANTS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) BASE LEVEL.—Subject to subpara25 graph (B), the worldwide level of family-sponVerDate Aug 31 2005 22:32 Aug 04, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3414.IS S3414

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1 sored immigrants under this subsection for a 

2 fiscal year is equal to— 

3 ‘‘(i) 480,000 minus the number com4 puted under paragraph (2), plus 

5 ‘‘(ii) the sum of— 

6 ‘‘(I) the number computed under 

7 paragraph (3), plus 

8 ‘‘(II) the number computed 

9 under paragraph (4). 

10 ‘‘(B) MINIMUM.—In no case shall the 

11 number computed under subparagraph (A)(i) be 

12 less than 226,000. 

13 ‘‘(2) NUMBER OF CERTAIN ALIENS NOT SUB14 JECT TO DIRECT NUMERICAL LIMITATIONS.—The 

15 number computed under this paragraph for a fiscal 

16 year is the number of aliens described in subpara17 graph (A) or (B) of subsection (b)(2) who were 

18 issued immigrant visas or who otherwise acquired 

19 the status of an alien lawfully admitted to the 

20 United States for permanent residence in the pre21 vious fiscal year. 

22 ‘‘(3) UNUSED VISA NUMBERS FROM PREVIOUS

23 FISCAL YEAR.—The number computed under this 

24 paragraph for a fiscal year is the difference, if any, 

25 between— 


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1 ‘‘(A) the worldwide level of family-spon2 sored immigrant visas established for the pre3 vious fiscal year; and 

4 ‘‘(B) the number of visas actually issued 

5 under section 203(a), subject to this subsection, 

6 during the previous fiscal year. 

7 ‘‘(4) UNUSED VISA NUMBERS FROM FISCAL

8 YEARS 1992 THROUGH 2007.—The number computed 

9 under this paragraph is the difference, if any, be10 tween— 

11 ‘‘(A) the difference, if any, between— 

12 ‘‘(i) the sum of the worldwide levels 

13 family-sponsored immigrant visas estab14 lished for fiscal years 1992 through 2007; 

15 and 

16 ‘‘(ii) the number of visas actually 

17 issued under section 203(a), subject to this 

18 subsection, during such fiscal years; and 

19 ‘‘(B) the number of unused visas from fis20 cal years 1992 through 2007 that were issued 

21 after fiscal year 2007 under section 203(a), 

22 subject to this subsection.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect 60 days after the date of the 

25 enactment of this Act. 


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1 SEC. 3. EXTENSION OF THE CONRAD STATE 30 PROGRAM. 

2 Subsection (c) of section 220 of the Immigration and 

3 Nationality Technical Corrections Act of 1994 (Public 

4 Law 103–416; 8 U.S.C. 1182 note) is amended by striking 

5 ‘‘June 1, 2008’’ and inserting ‘‘June 1, 2013’’. 

6 SEC. 4. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

7 WORKER PROGRAM. 

8 (a) REGULATIONS.—Not later than December 31, 

9 2008, the Secretary of Homeland Security shall issue final 

10 regulations to eliminate or reduce fraud related to the 

11 granting of special immigrant status for special immi12 grants described in subclause (II) or (III) of section 

13 101(a)(27)(C)(ii) of the Immigration and Nationality Act 

14 (8 U.S.C. 1101(a)(27)(C)(ii)). 

15 (b) EXTENSION.—Subclause (II) and subclause (III) 

16 of section 101(a)(27)(C)(ii) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are amended 

18 by striking ‘‘October 1, 2008,’’ both places such term ap19 pears and inserting ‘‘October 1, 2011,’’. 

20 (c) REPORT.—Not later than September 30, 2010, 

21 the Inspector General of the Department of Homeland Se22 curity shall submit to Congress a report on the effective23 ness of the regulations described in subsection (a). 

24 SEC. 5. EXTENSION OF THE BASIC PILOT PROGRAM. 

25 Section 401(b) of the Illegal Immigration Reform and 

26 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 


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1 note) is amended by striking ‘‘11-year period’’ and insert2 ing ‘‘16-year period’’. 

3 SEC. 6. PROTECTION OF SOCIAL SECURITY ADMINISTRA4 TION PROGRAMS. 

5 (a) FUNDING UNDER AGREEMENT.—Effective for 

6 fiscal years beginning on or after October 1, 2008, the 

7 Commissioner of Social Security and the Secretary of 

8 Homeland Security shall enter into and maintain an 

9 agreement which shall— 

10 (1) provide funds to the Commissioner for the 

11 full costs of the responsibilities of the Commissioner 

12 under section 404 of the Illegal Immigration Reform 

13 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

14 1324a note), including (but not limited to)— 

15 (A) acquiring, installing, and maintaining 

16 technological equipment and systems necessary 

17 for the fulfillment of the responsibilities of the 

18 Commissioner under such section 404, but only 

19 that portion of such costs that are attributable 

20 exclusively to such responsibilities; and 

21 (B) responding to individuals who contest 

22 a tentative nonconfirmation provided by the 

23 basic pilot confirmation system established 

24 under such section; 


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1 (2) provide such funds quarterly in advance of 

2 the applicable quarter based on estimating method3 ology agreed to by the Commissioner and the Sec4 retary (except in such instances where the delayed 

5 enactment of an annual appropriation may preclude 

6 such quarterly payments); and 

7 (3) require an annual accounting and reconcili8 ation of the actual costs incurred and the funds pro9 vided under the agreement, which shall be reviewed 

10 by the Office of Inspector General of the Social Se11 curity Administration and the Department of Home12 land Security. 

13 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

14 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

15 which the agreement required under subsection (a) for any 

16 fiscal year beginning on or after October 1, 2008, has not 

17 been reached as of October 1 of such fiscal year, the latest 

18 agreement between the Commissioner and the Secretary 

19 of Homeland Security providing for funding to cover the 

20 costs of the responsibilities of the Commissioner under 

21 section 404 of the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

23 shall be deemed in effect on an interim basis for such fis24 cal year until such time as an agreement required under 

25 subsection (a) is subsequently reached, except that the 


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1 terms of such interim agreement shall be modified by the 

2 Director of the Office of Management and Budget to ad3 just for inflation and any increase or decrease in the vol4 ume of requests under the basic pilot confirmation system. 

5 In any case in which an interim agreement applies for any 

6 fiscal year under this subsection, the Commissioner and 

7 the Secretary shall, not later than October 1 of such fiscal 

8 year, notify the Committee on Ways and Means, the Com9 mittee on the Judiciary, and the Committee on Appropria10 tions of the House of Representatives and the Committee 

11 on Finance, the Committee on the Judiciary, and the 

12 Committee on Appropriations of the Senate of the failure 

13 to reach the agreement required under subsection (a) for 

14 such fiscal year. Until such time as the agreement re15 quired under subsection (a) has been reached for such fis16 cal year, the Commissioner and the Secretary shall, not 

17 later than the end of each 90-day period after October 

18 1 of such fiscal year, notify such Committees of the status 

19 of negotiations between the Commissioner and the Sec20 retary in order to reach such an agreement. 

21 SEC. 7. GAO STUDY OF BASIC PILOT CONFIRMATION SYS22 TEM. 

23 (a) IN GENERAL.—As soon as practicable after the 

24 date of the enactment of this Act, the Comptroller General 

25 of the United States shall conduct a study regarding erroVerDate Aug 31 2005 22:32 Aug 04, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3414.IS S3414

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1 neous tentative nonconfirmations under the basic pilot 

2 confirmation system established under section 404(a) of 

3 the Illegal Immigration Reform and Immigrant Responsi4 bility Act of 1996 (8 U.S.C. 1324a note). 

5 (b) MATTERS TO BE STUDIED.—In the study re6 quired under subsection (a), the Comptroller General shall 

7 determine and analyze— 

8 (1) the causes of erroneous tentative noncon9 firmations under the basic pilot confirmation system; 

10 (2) the processes by which such erroneous ten11 tative nonconfirmations are remedied; and 

12 (3) the effect of such erroneous tentative non13 confirmations on individuals, employers, and Federal 

14 agencies. 

15 (c) REPORT.—Not later than 2 years after the date 

16 of the enactment of this Act, the Comptroller General shall 

17 submit the results of the study required under subsection 

18 (a) to the Committee on Ways and Means and the Com19 mittee on the Judiciary of the House of Representatives 

20 and the Committee on Finance and the Committee on the 

21 Judiciary of the Senate. 

22 SEC. 8. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM 

23 ON SMALL ENTITIES. 

24 (a) IN GENERAL.—Not later than 2 years after the 

25 date of the enactment of this Act, the Comptroller General 


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1 of the United States shall submit to the Committees on 

2 the Judiciary of the United States House of Representa3 tives and the Senate a report containing the Comptroller 

4 General’s analysis of the effects of the basic pilot program 

5 described in section 403(a) of the Illegal Immigration Re6 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

7 1324a note) on small entities (as defined in section 601 

8 of title 5, United States Code). The report shall detail— 

9 (1) the costs of compliance with such program 

10 on small entities; 

11 (2) a description and an estimate of the number 

12 of small entities enrolled and participating in such 

13 program or an explanation of why no such estimate 

14 is available; 

15 (3) the projected reporting, recordkeeping and 

16 other compliance requirements of such program on 

17 small entities; 

18 (4) factors that impact small entities’ enroll19 ment and participation in such program, including 

20 access to appropriate technology, geography, entity 

21 size, and class of entity; and 

22 (5) the steps, if any, the Secretary of Homeland 

23 Security has taken to minimize the economic impact 

24 of participating in such program on small entities. 


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1 (b) DIRECT AND INDIRECT EFFECTS.—The report 

2 shall cover, and treat separately, direct effects (such as 

3 wages, time, and fees spent on compliance) and indirect 

4 effects (such as the effect on cash flow, sales, and competi5 tiveness). 

6 (c) SPECIFIC CONTENTS.—The report shall provide 

7 specific and separate details with respect to— 

8 (1) small businesses (as defined in section 601 

9 of title 5, United States Code) with fewer than 50 

10 employees; and 

11 (2) small entities operating in States that have 

12 mandated use of the basic pilot program. 

Æ 


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