II 
112TH CONGRESS 
1ST SESSION H. R. 3012 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 30, 2011 
Received 
DECEMBER 17, 2011 
Read the first time 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for High- 
Skilled Immigrants Act of 2011’’. 
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 
STATE. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
(1) in subsection (a)(3), by striking ‘‘both sub-
sections (a) and (b) of section 203’’ and inserting 
‘‘section 203(a)’’; 
(2) by striking subsection (a)(5); and 
(3) by amending subsection (e) to read as fol-
lows: 
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‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If it is determined that 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, in determining the allotment of immigrant visa 
numbers to natives under section 203(a), visa numbers 
with respect to natives of that state or area shall be allo-
cated (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 visa numbers made available under each of paragraphs 
(1) through (4) of section 203(a) is equal to the ratio of 
the total number of visas made available under the respec-
tive paragraph to the total number of 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 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if enacted on September 
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30, 2011, and shall apply to fiscal years beginning with 
fiscal year 2012. 
(e) TRANSITION RULES FOR EMPLOYMENT-BASED 
IMMIGRANTS.— 
(1) IN
GENERAL.—Subject to the succeeding 
paragraphs of this subsection and notwithstanding 
title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.), the following rules shall apply: 
(A) For fiscal year 2012, 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)) 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 2010 under such paragraphs. 
(B) For fiscal year 2013, 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 2011 under 
such paragraphs. 
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(C) For fiscal year 2014, 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. 
(2) PER-COUNTRY LEVELS.— 
(A) RESERVED
VISAS.—With respect to 
the visas reserved under each of subparagraphs 
(A) through (C) of paragraph (1), the number 
of such visas made available to natives of any 
single foreign state or dependent area in the ap-
propriate fiscal year may not exceed 25 percent 
(in the case of a single foreign state) or 2 per-
cent (in the case of a dependent area) of the 
total number of such visas. 
(B) UNRESERVED VISAS.—With respect to 
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)) and not reserved 
under paragraph (1), for each of fiscal years 
2012, 2013, and 2014, not more than 85 per-
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cent shall be allotted to immigrants who are na-
tives of any single foreign state. 
(3) SPECIAL
RULE
TO
PREVENT
UNUSED 
VISAS.—If, with respect to fiscal year 2012, 2013, or 
2014, the operation of paragraphs (1) and (2) of 
this subsection would prevent the total number of 
immigrant visas made available under paragraph (2) 
or (3) of section 203(b) of such Act (8 U.S.C. 
1153(b)) from being issued, such visas may be 
issued during the remainder of such fiscal year with-
out regard to paragraphs (1) and (2) of this sub-
section. 
(4) 
RULES
FOR
CHARGEABILITY.—Section 
202(b) of such Act (8 U.S.C. 1152(b)) shall apply 
in determining the foreign state to which an alien is 
chargeable for purposes of this subsection. 
Passed the House of Representatives November 29, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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