Fairness for High-Skilled Immigrants Act of 2017

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. 1. Short title This Act may be cited as the Fairness for High-Skilled Immigrants Act of 2017 2. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) (2) Per country levels for family-sponsored immigrants Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under section 203(a) in any fiscal year may not exceed 15 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such section in that fiscal year. . (b) Conforming amendments Section 202 of such Act ( 8 U.S.C. 1152 (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 section 203(a) (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 (1) in subsection (a), by striking (as defined in subsection (e)) (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect as if enacted on September 30, 2016, and shall apply to fiscal year 2017 and each subsequent fiscal year. (e) Transition rules for employment-Based immigrants (1) In general Subject to paragraphs (2) through (4), and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 (A) For fiscal year 2017, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) (B) For fiscal year 2018, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2012 under such paragraphs. (C) For fiscal year 2019, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2015 under such paragraphs. (2) Per-country levels (A) Reserved visas The number of visas reserved under each of subparagraphs (A) through (C) of paragraph (1) made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas Not more than 85 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) (3) Special rule to prevent unused visas If, with respect to fiscal year 2015, 2016, or 2017, the application of paragraphs (1) and (2) would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) (4) Rules for chargeability Section 202(b) of such Act ( 8 U.S.C. 1152(b)

Summary: Fairness for High-Skilled Immigrants Act of 2017 This bill amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. The Chinese Student Protection Act of 1992 is amended to eliminate the provision requiring the reduction of annual Chinese immigrant visas to offset status adjustments under such Act. The bill establishes the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: for FY2017, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2011; for FY2018, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012; and for FY2019, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2015. The bill sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country. Amendments made by this bill shall take place as if enacted on September 30, 2016, and shall apply beginning in FY2017.