I 

118TH CONGRESS 

1ST SESSION H. R. 213 

To amend the Immigration and Nationality Act to modify the provisions 

that relate to family-sponsored immigrants. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. STEUBE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to modify 

the provisions that relate to family-sponsored immigrants. 

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 ‘‘Break the Chain Act’’. 

5 SEC. 2. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

6 (a) IMMEDIATE RELATIVE REDEFINED.—Section 

7 201 of the Immigration and Nationality Act (8 U.S.C. 

8 1151) is amended— 

9 (1) in subsection (b)(2)(A)— 


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1 (A) in clause (i), by striking ‘‘children, 

2 spouses, and parents of a citizen of the United 

3 States, except that, in the case of parents, such 

4 citizens shall be at least 21 years of age.’’ and 

5 inserting ‘‘children and spouse of a citizen of 

6 the United States.’’; and 

7 (B) in clause (ii), by striking ‘‘such an im8 mediate relative’’ and inserting ‘‘the immediate 

9 relative spouse of a United States citizen’’; 

10 (2) by striking subsection (c) and inserting the 

11 following: 

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

13 IMMIGRANTS.—(1) The worldwide level of family-spon14 sored immigrants under this subsection for a fiscal year 

15 is equal to 87,934 minus the number computed under 

16 paragraph (2). 

17 ‘‘(2) The number computed under this paragraph for 

18 a fiscal year is the number of aliens who were paroled into 

19 the United States under section 212(d)(5) in the second 

20 preceding fiscal year who— 

21 ‘‘(A) did not depart from the United States 

22 (without advance parole) within 365 days; and 

23 ‘‘(B)(i) did not acquire the status of an alien 

24 lawfully admitted to the United States for permaVerDate Sep 11 2014 21:47 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H213.IH H213

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1 nent residence during the two preceding fiscal years; 

2 or 

3 ‘‘(ii) acquired such status during such period 

4 under a provision of law (other than subsection (b)) 

5 that exempts adjustment to such status from the nu6 merical limitation on the worldwide level of immigra7 tion under this section.’’; and 

8 (3) in subsection (f)— 

9 (A) in paragraph (2), by striking ‘‘section 

10 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; 

11 (B) by striking paragraph (3); 

12 (C) by redesignating paragraph (4) as 

13 paragraph (3); and 

14 (D) in paragraph (3), as redesignated, by 

15 striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 

16 and (2)’’. 

17 (b) FAMILY-BASED VISA PREFERENCES.—Section 

18 203(a) of the Immigration and Nationality Act (8 U.S.C. 

19 1153(a)) is amended to read as follows: 

20 ‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA21 NENT RESIDENT ALIENS.—Family-sponsored immigrants 

22 described in this subsection are qualified immigrants who 

23 are the spouse or a child of an alien lawfully admitted 

24 for permanent residence. Such immigrants shall be alloVerDate Sep 11 2014 21:47 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H213.IH H213

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1 cated visas in accordance with the number computed 

2 under section 201(c).’’. 

3 (c) AGING OUT.—Section 203(h) of the Immigration 

4 and Nationality Act (8 U.S.C. 1153(h)) is amended— 

5 (1) by striking ‘‘(a)(2)(A)’’ each place such 

6 term appears and inserting ‘‘(a)’’; 

7 (2) by amending paragraph (1) to read as fol8 lows: 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 for purposes of subsections (a) and (d), a determina11 tion of whether an alien satisfies the age require12 ment in the matter preceding subparagraph (A) of 

13 section 101(b)(1) shall be made using the age of the 

14 alien on the date on which a petition is filed with 

15 the Secretary of Homeland Security.’’; 

16 (3) by redesignating paragraphs (2) through 

17 (4) as paragraphs (3) through (5), respectively; 

18 (4) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) LIMITATION.—Notwithstanding the age of 

21 an alien on the date on which a petition is filed, an 

22 alien who marries or turns 25 years of age prior to 

23 a visa becoming available for issuance pursuant to 

24 subsection (a) or (d), no longer satisfies the age re25 quirement described in paragraph (1).’’; and 


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1 (5) in paragraph (5), as so redesignated, by 

2 striking ‘‘(3)’’ and inserting ‘‘(4)’’. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) DEFINITION OF V NONIMMIGRANT.—Section 

5 101(a)(15)(V) of the Immigration and Nationality 

6 Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik7 ing ‘‘section 203(a)(2)(A)’’ each place such term ap8 pears and inserting ‘‘section 203(a)’’. 

9 (2) PROCEDURE FOR GRANTING IMMIGRANT

10 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

11 is amended— 

12 (A) in subsection (a)(1)— 

13 (i) in subparagraph (A)(i), by striking 

14 ‘‘to classification by reason of a relation15 ship described in paragraph (1), (3), or (4) 

16 of section 203(a) or’’; 

17 (ii) in subparagraph (B)— 

18 (I) in clause (i), by redesignating 

19 the second subclause (I) as subclause 

20 (II); and 

21 (II) by striking ‘‘203(a)(2)(A)’’ 

22 each place such terms appear and in23 serting ‘‘203(a)’’; and 

24 (iii) in subparagraph (D)(i)(I), by 

25 striking ‘‘a petitioner’’ and all that follows 


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1 through ‘‘section 204(a)(1)(B)(iii).’’ and 

2 inserting ‘‘an individual younger than 21 

3 years of age for purposes of adjudicating 

4 such petition and for purposes of admis5 sion as an immediate relative under section 

6 201(b)(2)(A)(i) or a family-sponsored im7 migrant under section 203(a), as appro8 priate, notwithstanding the actual age of 

9 the individual.’’; 

10 (B) in subsection (f)(1), by striking ‘‘, 

11 203(a)(1), or 203(a)(3), as appropriate’’; and 

12 (C) by striking subsection (k). 

13 (3) WAIVERS OF INADMISSIBILITY.—Section 

14 212 of such Act (8 U.S.C. 1182) is amended— 

15 (A) in subsection (a)(6)(E)(ii), by striking 

16 ‘‘section 203(a)(2)’’ and inserting ‘‘section 

17 203(a)’’; and 

18 (B) in subsection (d)(11), by striking 

19 ‘‘(other than paragraph (4) thereof)’’. 

20 (4) EMPLOYMENT OF V NONIMMIGRANTS.—Sec21 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

22 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

23 203(a)(2)(A)’’ each place such term appears and in24 serting ‘‘section 203(a)’’. 


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1 (5) DEFINITION OF ALIEN SPOUSE.—Section 

2 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

3 is amended by striking ‘‘section 203(a)(2)’’ and in4 serting ‘‘section 203(a)’’. 

5 (6) CLASSES OF DEPORTABLE ALIENS.—Sec6 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

7 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

8 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 

9 (e) CREATION OF NONIMMIGRANT CLASSIFICATION

10 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI11 ZENS.— 

12 (1) IN GENERAL.—Section 101(a)(15) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(15)) is amended— 

15 (A) in subparagraph (T)(ii)(III), by strik16 ing the period at the end and inserting a semi17 colon; 

18 (B) in subparagraph (U)(iii), by striking 

19 ‘‘or’’ at the end; 

20 (C) in subparagraph (V)(ii)(II), by striking 

21 the period at the end and inserting ‘‘; or’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(W) subject to section 214(s), an alien 

24 who is a parent of a citizen of the United 


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1 States, if the citizen is at least 21 years of 

2 age.’’. 

3 (2) CONDITIONS ON ADMISSION.—Section 214 

4 of such Act (8 U.S.C. 1184) is amended by adding 

5 at the end the following: 

6 ‘‘(s)(1) The initial period of authorized admission for 

7 a nonimmigrant described in section 101(a)(15)(W) shall 

8 be 5 years, but may be extended by the Secretary of 

9 Homeland Security for additional 5-year periods if the 

10 United States citizen son or daughter of the nonimmigrant 

11 is still residing in the United States. 

12 ‘‘(2) A nonimmigrant described in section 

13 101(a)(15)(W)— 

14 ‘‘(A) is not authorized to be employed in the 

15 United States; and 

16 ‘‘(B) is not eligible for any Federal, State, or 

17 local public benefit. 

18 ‘‘(3) The United States citizen son or daughter shall 

19 file a petition with the Secretary of Homeland Security 

20 on behalf of the alien parent in order for the alien parent 

21 to be issued a visa or otherwise be provided nonimmigrant 

22 status under section 101(a)(15)(W). 

23 ‘‘(4) An alien is ineligible to be issued a visa or other24 wise be provided nonimmigrant status under section 

25 101(a)(15)(W), or to be admitted into the United States 


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1 as a nonimmigrant described in section 101(a)(15)(W), 

2 unless the alien provides satisfactory proof that the United 

3 States citizen son or daughter has arranged for health in4 surance coverage for the alien, at no cost to the alien, dur5 ing the anticipated period of the alien’s residence in the 

6 United States.’’. 

7 (3) AFFIDAVIT OF SUPPORT.— 

8 (A) GROUND OF INADMISSIBILITY.—Sec9 tion 212(a)(4)(C) of the Immigration and Na10 tionality Act (8 U.S.C. 1182(a)(4)(C)) is 

11 amended— 

12 (i) in the heading by adding at the 

13 end the following: ‘‘AND NONIMMIGRANTS’’; 

14 and 

15 (ii) in the matter preceding clause (i), 

16 by striking ‘‘section 201(b)(2) or 203(a)’’ 

17 and inserting ‘‘section 101(a)(15)(W), 

18 201(b)(2), or 203(a)’’. 

19 (B) AFFIDAVIT REQUIRED.—Section 213A 

20 of the Immigration and Nationality Act (8 

21 U.S.C. 1183a) is amended— 

22 (i) in subsection (a)(2)— 

23 (I) by striking ‘‘An affidavit of 

24 support’’ and inserting the following: 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), an affidavit of support’’; and 

3 (II) by adding at the end the fol4 lowing: 

5 ‘‘(B) SPECIAL RULE.—In the case of an 

6 alien who has been issued a visa or otherwise 

7 provided nonimmigrant status under section 

8 101(a)(15)(W), an affidavit of support shall be 

9 enforceable with respect to benefits provided for 

10 an alien while the alien is physically present in 

11 the United States.’’; and 

12 (ii) in subsection (f)(1)(D), by insert13 ing after ‘‘section 204’’ the following: ‘‘or 

14 petitioning for the alien to be provided a 

15 visa under or accorded status under sec16 tion 101(a)(15)(W)’’. 

17 (f) EFFECTIVE DATE; APPLICABILITY.— 

18 (1) EFFECTIVE DATE.—The amendments made 

19 by this section shall take effect on October 1, 2023. 

20 (2) INVALIDITY OF CERTAIN PETITIONS AND

21 APPLICATIONS.— 

22 (A) IN GENERAL.—No person may file, 

23 and the Secretary of Homeland Security and 

24 the Secretary of State may not accept, adju25 dicate, or approve any petition under section 


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1 204 of the Immigration and Nationality Act (8 

2 U.S.C. 1154) filed on or after the date of enact3 ment of this Act seeking classification of an 

4 alien under section 201(b)(2)(A)(i) with respect 

5 to a parent of a United States citizen, or under 

6 section 203(a)(1), (2)(B), (3), or (4) of such 

7 Act (8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), 

8 (2)(B), (3), or (4)). Any application for adjust9 ment of status or an immigrant visa based on 

10 such a petition shall be invalid. 

11 (B) PENDING PETITIONS.—Neither the 

12 Secretary of Homeland Security nor the Sec13 retary of State may adjudicate or approve any 

14 petition under section 204 of the Immigration 

15 and Nationality Act (8 U.S.C. 1154) pending 

16 as of the date of enactment of this Act seeking 

17 classification of an alien under section 

18 201(b)(2)(A)(i) with respect to a parent of a 

19 United States citizen, or under section 

20 203(a)(1), (2)(B), (3), or (4) of such Act (8 

21 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 

22 (3), or (4)). Any application for adjustment of 

23 status or an immigrant visa based on such a 

24 petition shall be invalid. 


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1 (3) APPLICABILITY TO WAITLISTED APPLI2 CANTS.— 

3 (A) IN GENERAL.—Notwithstanding the 

4 amendments made by this section, an alien with 

5 regard to whom a petition or application for 

6 status under paragraph (1), (2)(B), (3), or (4) 

7 of section 203(a) of the Immigration and Na8 tionality Act (8 U.S.C. 1153(a)), as in effect on 

9 September 30, 2020, was approved prior to the 

10 date of the enactment of this Act, may be 

11 issued a visa pursuant to that paragraph in ac12 cordance with the availability of visas under 

13 subparagraph (B). 

14 (B) AVAILABILITY OF VISAS.—Visas may 

15 be issued to beneficiaries of approved petitions 

16 under each category described in subparagraph 

17 (A), but only until such time as the number of 

18 visas that would have been allocated to that 

19 category in fiscal year 2023, notwithstanding 

20 the amendments made by this section, have 

21 been issued. When the number of visas de22 scribed in the previous sentence have been 

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1 graph (A), no additional visas may be issued for 

2 that category. 

Æ 


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