I 

112TH CONGRESS 

1ST SESSION H. R. 3119 

To amend the Immigration and Nationality Act to remove the per-country 

limitation on employment-based immigrant visas, to adjust the per-country limitation on family-sponsored immigrant visas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2011 

Ms. ZOE LOFGREN of California (for herself and Mr. GUTIERREZ) introduced 

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

A BILL 

To amend the Immigration and Nationality Act to remove 

the per-country limitation on employment-based immigrant visas, to adjust the per-country limitation on family-sponsored immigrant 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 TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Families and Businesses Act of 2011’’. 


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1 SEC. 2. EQUAL TREATMENT AMONG FOREIGN STATES. 

2 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR3 EIGN STATE.—Section 202(a)(2) of the Immigration and 

4 Nationality Act (8 U.S.C. 1152(a)(2)) is amended— 

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

6 EMPLOYMENT-BASED’’; 

7 (2) by striking ‘‘(3), (4), and (5),’’ and insert8 ing ‘‘(3) and (4),’’; 

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

11 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

12 (5) by striking ‘‘such subsections’’ and inserting 

13 ‘‘such section’’. 

14 (b) CONFORMING AMENDMENTS.—Section 202 of the 

15 Immigration and Nationality Act (8 U.S.C. 1152) is 

16 amended— 

17 (1) in subsection (a)(3), by striking ‘‘both sub18 sections (a) and (b) of section 203’’ and inserting 

19 ‘‘section 203(a)’’; 

20 (2) by striking subsection (a)(5); and 

21 (3) by amending subsection (e) to read as fol22 lows: 

23 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

24 If it is determined that the total number of immigrant 

25 visas made available under section 203(a) to natives of 

26 any single foreign state or dependent area will exceed the 


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1 numerical limitation specified in subsection (a)(2) in any 

2 fiscal year, in determining the allotment of immigrant visa 

3 numbers to natives under section 203(a), visa numbers 

4 with respect to natives of that state or area shall be allo5 cated (to the extent practicable and otherwise consistent 

6 with this section and section 203) in a manner so that, 

7 except as provided in subsection (a)(4), the proportion of 

8 the visa numbers made available under each of paragraphs 

9 (1) through (4) of section 203(a) is equal to the ratio of 

10 the total number of visas made available under the respec11 tive paragraph to the total number of visas made available 

12 under section 203(a).’’. 

13 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

14 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

15 note) is amended— 

16 (1) in subsection (a), by striking ‘‘subsection 

17 (e))’’ and inserting ‘‘subsection (d))’’; and 

18 (2) by striking subsection (d) and redesignating 

19 subsection (e) as subsection (d). 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to fiscal years beginning with fiscal 

22 year 2013. 

23 (e) TRANSITION RULES FOR EMPLOYMENT-BASED

24 IMMIGRANTS.— 


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1 (1) IN GENERAL.—Subject to the succeeding 

2 paragraphs of this subsection and notwithstanding 

3 title II of the Immigration and Nationality Act (8 

4 U.S.C. 1151 et seq.), the following rules shall apply: 

5 (A) For fiscal year 2013, 15 percent of the 

6 total number of immigrant visas made available 

7 under section 203(b) of such Act (8 U.S.C. 

8 1153(b)) shall be allotted to immigrants who 

9 are natives of a foreign state or dependent area 

10 that was not one of the two states with the 

11 largest numbers of natives obtaining lawful per12 manent resident status during fiscal year 2011 

13 under such section 203(b). 

14 (B) For fiscal year 2014, 10 percent of the 

15 total number of immigrant visas made available 

16 under such section 203(b) shall be allotted to 

17 immigrants who are natives of a foreign state 

18 or dependent area that was not one of the two 

19 states with the largest numbers of natives ob20 taining lawful permanent resident status during 

21 fiscal year 2012 under such section 203(b). 

22 (C) For fiscal year 2015, 10 percent of the 

23 total number of immigrant visas made available 

24 under such section 203(b) shall be allotted to 

25 immigrants who are natives of a foreign state 


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1 or dependent area that was not one of the two 

2 states with the largest numbers of natives ob3 taining lawful permanent resident status during 

4 fiscal year 2013 under such section 203(b). 

5 (2) PER-COUNTRY LEVELS.— 

6 (A) RESERVED VISAS.—With respect to 

7 the visas reserved under each of subparagraphs 

8 (A) through (C) of paragraph (1), the number 

9 of such visas made available to natives of any 

10 single foreign state or dependent area in the ap11 propriate fiscal year may not exceed 25 percent 

12 (in the case of a single foreign state) or 2 per13 cent (in the case of a dependent area) of the 

14 total number of such visas. 

15 (B) UNRESERVED VISAS.— 

16 (i) IN GENERAL.—With respect to the 

17 immigrant visas made available under such 

18 section 203(b) and not reserved under 

19 paragraph (1), for each of fiscal years 

20 2013, 2014, and 2015, not more than the 

21 number of such visas calculated under 

22 clause (ii) shall be allotted to immigrants 

23 who are natives of any single foreign state. 

24 (ii) CALCULATION OF NUMBER.—The 

25 numbers of visas calculated under this 


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1 clause for a fiscal year is the number that 

2 is equal to 70 percent of the total number 

3 of immigrant visas made available under 

4 such section 203(b) for such fiscal year. 

5 (3) RULES FOR CHARGEABILITY.—Section 

6 202(b) of such Act (8 U.S.C. 1152(b)) shall apply 

7 in determining the foreign state to which an alien is 

8 chargeable for purposes of this subsection. 

9 SEC. 3. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJU10 DICATIONS. 

11 (a) EMPLOYMENT-BASED IMMIGRANTS.— 

12 (1) IN GENERAL.—Section 214 of the Immigra13 tion and Nationality Act (8 U.S.C. 1154) is amend14 ed by adding at the end the following: 

15 ‘‘(s) SPECIAL PROVISIONS IN CASES OF LENGTHY

16 ADJUDICATIONS.— 

17 ‘‘(1) EXEMPTION FROM LIMITATIONS.—Not18 withstanding subsections (c)(2)(D), (g)(4) and (m), 

19 the authorized stay of an alien described in para20 graph (2) may be extended pursuant to paragraph 

21 (3) if 365 days or more have elapsed since the filing 

22 of any of the following: 

23 ‘‘(A) An application for labor certification 

24 under section 212(a)(5)(A), in a case in which 


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1 certification is required or used by an alien to 

2 obtain status under section 203(b). 

3 ‘‘(B) A petition described in section 204(b) 

4 to accord the alien a status under section 

5 203(b). 

6 ‘‘(2) ALIENS DESCRIBED.—An alien is de7 scribed in this paragraph if the alien was previously 

8 issued a visa or otherwise provided nonimmigrant 

9 status under— 

10 ‘‘(A) section 101(a)(15)(F); 

11 ‘‘(B) section 101(a)(15)(H)(i)(b); or 

12 ‘‘(C) section 101(a)(15)(L). 

13 ‘‘(3) EXTENSION OF STATUS.—The Secretary 

14 of Homeland Security shall extend the stay of an 

15 alien who qualifies for an extension under paragraph 

16 (1) in one-year increments until such time as a final 

17 decision is made— 

18 ‘‘(A) to deny the application described in 

19 paragraph (1)(A), or, in a case in which such 

20 application is granted, to deny a petition de21 scribed in paragraph (1)(B) filed on behalf of 

22 the alien pursuant to such grant; 

23 ‘‘(B) to deny the petition described in 

24 paragraph (1)(B); or 


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1 ‘‘(C) to grant or deny the alien’s applica2 tion for an immigrant visa or adjustment of 

3 status to that of an alien lawfully admitted for 

4 permanent residence.’’. 

5 (2) PROVIDING DUAL INTENT FOR STU6 DENTS.—Section 101(a)(15)(F)(i) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1101(a)(15)(F)(i)) is amended by striking ‘‘having a 

9 residence in a foreign country which he has no in10 tention of abandoning,’’. 

11 (3) CONFORMING AMENDMENTS.— 

12 (A) Section 106 of the American Competi13 tiveness in the 21st Century Act is amended by 

14 striking subsections (a) and (b). 

15 (B) Section 214(b) of the Immigration and 

16 Nationality Act (8 U.S.C. 1184(b)) is amended 

17 by striking ‘‘(L) or (V)’’ and inserting ‘‘(F), 

18 (L) or (V)’’. 

19 (C) Section 214(h) of the Immigration and 

20 Nationality Act (8 U.S.C. 1184(h)) is amended 

21 by striking ‘‘(H)(i)(b)’’ and inserting ‘‘(F), 

22 (H)(i)(b)’’. 

23 (b) FAMILY-BASED IMMIGRANTS.—Section 

24 101(a)(15) of the Immigration and Nationality Act (8 


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1 U.S.C. 1101(a)(15)) is amended by adding at the end the 

2 following: 

3 ‘‘(W) an alien who is the beneficiary (in4 cluding a child of the principle alien, if eligible 

5 to receive a visa under section 203(d)) of an ap6 proved petition to accord a status under section 

7 203(a)(2)(A) if 180 days or more have elapsed 

8 since the filing of such petition and— 

9 ‘‘(i) an immigrant visa is not imme10 diately available to the alien because of a 

11 waiting list of applicants for visas under 

12 section 203(a)(2)(A); or 

13 ‘‘(ii) the alien’s application for an im14 migrant visa, or the alien’s application for 

15 adjustment of status under section 245, 

16 pursuant to the approval of such petition, 

17 remains pending.’’. 

18 SEC. 4. RECAPTURING IMMIGRANT VISAS LOST TO BU19 REAUCRATIC DELAY. 

20 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section 

21 201(d) of the Immigration and Nationality Act (8 U.S.C. 

22 1151(d)) is amended to read as follows: 

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

24 IMMIGRANTS.— 


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1 ‘‘(1) IN GENERAL.—The worldwide level of em2 ployment-based immigrants under this subsection for 

3 a fiscal year is equal to the sum of— 

4 ‘‘(A) 140,000; 

5 ‘‘(B) the number computed under para6 graph (2); and 

7 ‘‘(C) the number computed under para8 graph (3). 

9 ‘‘(2) PREVIOUS FISCAL YEAR.—The number 

10 computed under this paragraph for a fiscal year is 

11 the difference, if any, between the maximum number 

12 of visas which may be issued under section 203(a) 

13 (relating to family-sponsored immigrants) during the 

14 previous fiscal year and the number of visas issued 

15 under that section during that year. 

16 ‘‘(3) UNUSED VISAS.—The number computed 

17 under this paragraph is the difference, if any, be18 tween— 

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

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

21 established under paragraph (1) for fiscal 

22 years 1992 through 2011; and 

23 ‘‘(ii) the number of visas actually 

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

25 subsection, during such fiscal years; and 


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

2 after fiscal year 2011 pursuant to an immi3 grant visa number issued under section 203(b), 

4 subject to this subsection, during fiscal years 

5 1992 through 2011.’’. 

6 (b) FAMILY-SPONSORED IMMIGRANTS.—Section 

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

8 1151(c)) is amended to read as follows: 

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

10 IMMIGRANTS.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) Subject to subparagraph (B), the 

13 worldwide level of family-sponsored immigrants 

14 under this subsection for a fiscal year is equal 

15 to— 

16 ‘‘(i) 480,000 minus the number com17 puted under paragraph (2); plus 

18 ‘‘(ii) the sum of the number computed 

19 under paragraph (3) and the number com20 puted under paragraph (4). 

21 ‘‘(B) In no case shall the number com22 puted under subparagraph (A)(i) be less than 

23 226,000. 

24 ‘‘(2) IMMEDIATE RELATIVES.—The number 

25 computed under this paragraph for a fiscal year is 


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1 the number of aliens described in subparagraph (A) 

2 or (B) of subsection (b)(2) who were issued immi3 grant visas, or who otherwise acquired the status of 

4 an alien lawfully admitted to the United States for 

5 permanent residence, in the previous fiscal year. 

6 ‘‘(3) PREVIOUS FISCAL YEAR.—The number 

7 computed under this paragraph for a fiscal year is 

8 the difference, if any, between the maximum number 

9 of visas which may be issued under section 203(b) 

10 (relating to employment-based immigrants) during 

11 the previous fiscal year and the number of visas 

12 issued under that section during that year. 

13 ‘‘(4) UNUSED VISAS.—The number computed 

14 under this paragraph is the difference, if any, be15 tween— 

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

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

18 established under paragraph (1) for fiscal 

19 years 1992 through 2011; and 

20 ‘‘(ii) the number of visas actually 

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

22 subsection, during such fiscal years; and 

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

24 after fiscal year 2011 pursuant to an immi25 grant visa number issued under section 203(a), 


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1 subject to this subsection, during fiscal years 

2 1992 through 2011.’’. 

Æ 


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