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Union Calendar No. 193 

112TH CONGRESS 

1ST SESSION H. R. 3012 

[Report No. 112–292] 

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

numerical limitation for employment-based immigrants, to increase the 

per-country numerical limitation for family-sponsored immigrants, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. CHAFFETZ (for himself and Mr. SMITH of Texas) introduced the following 

bill; which was referred to the Committee on the Judiciary 

NOVEMBER 18, 2011 

Additional sponsors: Mr. GRIFFIN of Arkansas, Ms. ZOE LOFGREN of California, Mr. HOLT, Mr. GOODLATTE, Mr. GUTIERREZ, Mr. JACKSON of Illinois, Mr. THOMPSON of Pennsylvania, Mr. MORAN, Mr. FLAKE, and 

MRS. MALONEY

NOVEMBER 18, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of the introduced bill, see bill as introduced on September 22, 2011] 

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A BILL 

To amend the Immigration and Nationality Act to eliminate 

the per-country numerical limitation for employmentbased immigrants, to increase the per-country numerical 

limitation for family-sponsored immigrants, and for other 

purposes. 

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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 ‘‘Fairness for High5 Skilled Immigrants Act of 2011’’. 

6 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

7 STATE. 

8 (a) IN GENERAL.—Section 202(a)(2) of the Immigra9 tion and Nationality Act (8 U.S.C. 1152(a)(2)) is amend10 ed— 

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

12 EMPLOYMENT-BASED’’; 

13 (2) by striking ‘‘(3), (4), and (5),’’ and inserting 

14 ‘‘(3) and (4),’’; 

15 (3) by striking ‘‘subsections (a) and (b) of section 

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

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

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

19 ‘‘such section’’. 

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

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

22 amended— 

23 (1) in subsection (a)(3), by striking ‘‘both sub24 sections (a) and (b) of section 203’’ and inserting 

25 ‘‘section 203(a)’’; 

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

2 (3) by amending subsection (e) to read as fol3 lows: 

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

5 If it is determined that the total number of immigrant visas 

6 made available under section 203(a) to natives of any single 

7 foreign state or dependent area will exceed the numerical 

8 limitation specified in subsection (a)(2) in any fiscal year, 

9 in determining the allotment of immigrant visa numbers 

10 to natives under section 203(a), visa numbers with respect 

11 to natives of that state or area shall be allocated (to the 

12 extent practicable and otherwise consistent with this section 

13 and section 203) in a manner so that, except as provided 

14 in subsection (a)(4), the proportion of the visa numbers 

15 made available under each of paragraphs (1) through (4) 

16 of section 203(a) is equal to the ratio of the total number 

17 of visas made available under the respective paragraph to 

18 the total number of visas made available under section 

19 203(a).’’. 

20 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the Chi21 nese Student Protection Act of 1992 (8 U.S.C. 1255 note) 

22 is amended— 

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

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

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

2 subsection (e) as subsection (d). 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall take effect as if enacted on September 30, 2011, 

5 and shall apply to fiscal years beginning with fiscal year 

6 2012. 

7 (e) TRANSITION RULES FOR EMPLOYMENT-BASED IM8 MIGRANTS.— 

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

10 paragraphs of this subsection and notwithstanding 

11 title II of the Immigration and Nationality Act (8 

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

13 (A) For fiscal year 2012, 15 percent of the 

14 immigrant visas made available under each of 

15 paragraphs (2) and (3) of section 203(b) of such 

16 Act (8 U.S.C. 1153(b)) shall be allotted to immi17 grants who are natives of a foreign state or de18 pendent area that was not one of the two states 

19 with the largest aggregate numbers of natives ob20 taining immigrant visas during fiscal year 2010 

21 under such paragraphs. 

22 (B) For fiscal year 2013, 10 percent of the 

23 immigrant visas made available under each of 

24 such paragraphs shall be allotted to immigrants 

25 who are natives of a foreign state or dependent 

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1 area that was not one of the two states with the 

2 largest aggregate numbers of natives obtaining 

3 immigrant visas during fiscal year 2011 under 

4 such paragraphs. 

5 (C) For fiscal year 2014, 10 percent of the 

6 immigrant visas made available under each of 

7 such paragraphs shall be allotted to immigrants 

8 who are natives of a foreign state or dependent 

9 area that was not one of the two states with the 

10 largest aggregate numbers of natives obtaining 

11 immigrant visas during fiscal year 2012 under 

12 such paragraphs. 

13 (2) PER-COUNTRY LEVELS.— 

14 (A) RESERVED VISAS.—With respect to the 

15 visas reserved under each of subparagraphs (A) 

16 through (C) of paragraph (1), the number of 

17 such visas made available to natives of any sin18 gle foreign state or dependent area in the appro19 priate fiscal year may not exceed 25 percent (in 

20 the case of a single foreign state) or 2 percent (in 

21 the case of a dependent area) of the total number 

22 of such visas. 

23 (B) UNRESERVED VISAS.—With respect to 

24 the immigrant visas made available under each 

25 of paragraphs (2) and (3) of section 203(b) of 

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1 such Act (8 U.S.C. 1153(b)) and not reserved 

2 under paragraph (1), for each of fiscal years 

3 2012, 2013, and 2014, not more than 85 percent 

4 shall be allotted to immigrants who are natives 

5 of any single foreign state. 

6 (3) SPECIAL RULE TO PREVENT UNUSED

7 VISAS.—If, with respect to fiscal year 2012, 2013, or 

8 2014, the operation of paragraphs (1) and (2) of this 

9 subsection would prevent the total number of immi10 grant visas made available under paragraph (2) or 

11 (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) 

12 from being issued, such visas may be issued during 

13 the remainder of such fiscal year without regard to 

14 paragraphs (1) and (2) of this subsection. 

15 (4) RULES FOR CHARGEABILITY.—Section 202(b) 

16 of such Act (8 U.S.C. 1152(b)) shall apply in deter17 mining the foreign state to which an alien is charge18 able for purposes of this subsection. 

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Union Calendar No. 193 

112TH CONGRESS 

1ST SESSION H. R. 3012 

[Report No. 112–292] 

A BILL 

To amend the Immigration and Nationality Act to 

sored immigrants, and for other purposes. per-country numerical limitation for family-sponemployment-based immigrants, to increase the eliminate the per-country numerical limitation for 

NOVEMBER 18, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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