Break the Chain Act

To amend the Immigration and Nationality Act to modify the provisions that relate to family-sponsored immigrants. 1. Short title This Act may be cited as the Break the Chain Act 2. Family-sponsored immigration priorities (a) Immediate relative redefined Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 (1) in subsection (b)(2)(A)— (A) in clause (i), by striking children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. children and spouse of a citizen of the United States. (B) in clause (ii), by striking such an immediate relative the immediate relative spouse of a United States citizen (2) by striking subsection (c) and inserting the following: (c) Worldwide level of family-Sponsored immigrants (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 87,934 minus the number computed under paragraph (2). (2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who— (A) did not depart from the United States (without advance parole) within 365 days; and (B) (i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or (ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section. ; and (3) in subsection (f)— (A) in paragraph (2), by striking section 203(a)(2)(A) section 203(a) (B) by striking paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); and (D) in paragraph (3), as redesignated, by striking (1) through (3) (1) and (2) (b) Family-Based visa preferences Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) (a) Spouses and minor children of permanent resident aliens Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence. Such immigrants shall be allocated visas in accordance with the number computed under section 201(c). . (c) Aging out Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) (1) by striking (a)(2)(A) (a) (2) by amending paragraph (1) to read as follows: (1) In general Subject to paragraph (2), for purposes of subsections (a) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which a petition is filed with the Secretary of Homeland Security. ; (3) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (4) by inserting after paragraph (1) the following: (2) Limitation Notwithstanding the age of an alien on the date on which a petition is filed, an alien who marries or turns 25 years of age prior to a visa becoming available for issuance pursuant to subsection (a) or (d), no longer satisfies the age requirement described in paragraph (1). ; and (5) in paragraph (5), as so redesignated, by striking (3) (4) (d) Conforming amendments (1) Definition of v nonimmigrant Section 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) section 203(a)(2)(A) section 203(a) (2) Procedure for granting immigrant status Section 204 of such Act ( 8 U.S.C. 1154 (A) in subsection (a)(1)— (i) in subparagraph (A)(i), by striking to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or (ii) in subparagraph (B)— (I) in clause (i), by redesignating the second subclause (I) as subclause (II); and (II) by striking 203(a)(2)(A) 203(a) (iii) in subparagraph (D)(i)(I), by striking a petitioner section 204(a)(1)(B)(iii). an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual. (B) in subsection (f)(1), by striking , 203(a)(1), or 203(a)(3), as appropriate (C) by striking subsection (k). (3) Waivers of inadmissibility Section 212 of such Act ( 8 U.S.C. 1182 (A) in subsection (a)(6)(E)(ii), by striking section 203(a)(2) section 203(a) (B) in subsection (d)(11), by striking (other than paragraph (4) thereof) (4) Employment of v nonimmigrants Section 214(q)(1)(B)(i) of such Act ( 8 U.S.C. 1184(q)(1)(B)(i) section 203(a)(2)(A) section 203(a) (5) Definition of alien spouse Section 216(h)(1)(C) of such Act ( 8 U.S.C. 1186a(h)(1)(C) section 203(a)(2) section 203(a) (6) Classes of deportable aliens Section 237(a)(1)(E)(ii) of such Act ( 8 U.S.C. 1227(a)(1)(E)(ii) section 203(a)(2) section 203(a) (e) Creation of nonimmigrant classification for alien parents of adult united states citizens (1) In general Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) (A) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; (B) in subparagraph (U)(iii), by striking or (C) in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or (D) by adding at the end the following: (W) subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age. . (2) Conditions on admission Section 214 of such Act ( 8 U.S.C. 1184 (s) (1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but may be extended by the Secretary of Homeland Security for additional 5-year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States. (2) A nonimmigrant described in section 101(a)(15)(W)— (A) is not authorized to be employed in the United States; and (B) is not eligible for any Federal, State, or local public benefit. (3) The United States citizen son or daughter shall file a petition with the Secretary of Homeland Security on behalf of the alien parent in order for the alien parent to be issued a visa or otherwise be provided nonimmigrant status under section 101(a)(15)(W). (4) An alien is ineligible to be issued a visa or otherwise be provided nonimmigrant status under section 101(a)(15)(W), or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W), unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien’s residence in the United States. . (3) Affidavit of support (A) Ground of inadmissibility Section 212(a)(4)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C) (i) in the heading by adding at the end the following: and nonimmigrants (ii) in the matter preceding clause (i), by striking section 201(b)(2) or 203(a) section 101(a)(15)(W), 201(b)(2), or 203(a) (B) Affidavit required Section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a (i) in subsection (a)(2)— (I) by striking An affidavit of support (A) In general Except as provided in subparagraph (B), an affidavit of support ; and (II) by adding at the end the following: (B) Special rule In the case of an alien who has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W), an affidavit of support shall be enforceable with respect to benefits provided for an alien while the alien is physically present in the United States. ; and (ii) in subsection (f)(1)(D), by inserting after section 204 or petitioning for the alien to be provided a visa under or accorded status under section 101(a)(15)(W) (f) Effective date; applicability (1) Effective date The amendments made by this section shall take effect on October 1, 2023. (2) Invalidity of certain petitions and applications (A) In general No person may file, and the Secretary of Homeland Security and the Secretary of State may not accept, adjudicate, or approve any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 8 U.S.C. 1151(b)(2)(A)(i) (B) Pending petitions Neither the Secretary of Homeland Security nor the Secretary of State may adjudicate or approve any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 8 U.S.C. 1151(b)(2)(A)(i) (3) Applicability to waitlisted applicants (A) In general Notwithstanding the amendments made by this section, an alien with regard to whom a petition or application for status under paragraph (1), (2)(B), (3), or (4) of section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) (B) Availability of visas Visas may be issued to beneficiaries of approved petitions under each category described in subparagraph (A), but only until such time as the number of visas that would have been allocated to that category in fiscal year 2023, notwithstanding the amendments made by this section, have been issued. When the number of visas described in the previous sentence have been issued for each category described in subparagraph (A), no additional visas may be issued for that category.

Summary: Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.