I 

118TH CONGRESS 

1ST SESSION H. R. 1535 

To preserve expiring employment-based visas, and make them available for 

issuance during fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2023 

Mr. BUCSHON (for himself and Mr. KRISHNAMOORTHI) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To preserve expiring employment-based visas, and make them 

available for issuance during fiscal year 2024. 

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 ‘‘Eliminating Backlogs 

5 Act of 2023’’. 

6 SEC. 2. PRESERVATION OF EXPIRING EMPLOYMENT-BASED 

7 VISAS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, for fiscal year 2024, the worldwide level of 

10 employment-based immigrants authorized under section 


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1 201(d) of the Immigration and Nationality Act (8 U.S.C. 

2 1151(d)) shall be increased by the number computed 

3 under subsection (b) with respect to such worldwide levels. 

4 (b) COMPUTATION.—The number computed under 

5 this subsection is the difference (if any) between— 

6 (1) the number of visas that were originally 

7 made available to family sponsored immigrants 

8 under section 201(c)(1) of the Immigration and Na9 tionality Act (8 U.S.C. 1151(c)(1)) for fiscal years 

10 1992 through 2021, reduced by any unused visas 

11 made available to such immigrants in such fiscal 

12 years under section 201(c)(3) of such Act (8 U.S.C. 

13 1151(c)(3)); and 

14 (2) the sum of the number of aliens who were 

15 issued employment-based immigrant visas or who 

16 otherwise acquired the status of aliens lawfully ad17 mitted to the United States for permanent residence 

18 under section 203(b) of the Immigration and Na19 tionality Act (8 U.S.C. 1153(b)) during the fiscal 

20 years referred to in paragraph (1). 

21 (c) ALLOCATION.—The Secretary of State, in con22 sultation with the Secretary of Homeland Security, shall 

23 allocate the visas made available as a result of the increase 

24 authorized under subsection (a) on a proportional basis, 

25 in accordance with subsections (b) and (e)(1) of section 


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1 203 of the Immigration and Nationality Act (8 U.S.C. 

2 1153), and with subsection (e) of this section. 

3 (d) AVAILABILITY.—Each visa made available under 

4 this section shall remain available for use in fiscal year 

5 2024 or in any subsequent fiscal year, until the Secretary 

6 of State, in consultation with the Secretary of Homeland 

7 Security, determines that such visa has been issued and 

8 used as the basis for an application for admission into the 

9 United States. 

10 (e) INAPPLICABILITY OF PER-COUNTRY LIMITA11 TION.—Each visa made available under this section shall 

12 be awarded in the order in which employment-based visa 

13 applications were filed and shall not be subject to the nu14 merical limitations under section 202 of the Immigration 

15 and Nationality Act to particular foreign states. 

Æ 


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