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-coun-
try limitation on family-sponsored immigrant visas, and for other pur-
poses. 
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 immi-
grant visas, to adjust the per-country limitation on fam-
ily-sponsored immigrant visas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting American 
Families and Businesses Act of 2011’’. 
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SEC. 2. EQUAL TREATMENT AMONG FOREIGN STATES. 
(a) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202(a)(2) of the Immigration 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: 
‘‘(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 
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or dependent area that was not one of the two 
states with the largest numbers of natives ob-
taining lawful permanent resident status during 
fiscal year 2013 under such section 203(b). 
(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.— 
(i) IN GENERAL.—With respect to the 
immigrant visas made available under such 
section 203(b) and not reserved under 
paragraph (1), for each of fiscal years 
2013, 2014, and 2015, not more than the 
number of such visas calculated under 
clause (ii) shall be allotted to immigrants 
who are natives of any single foreign state. 
(ii) CALCULATION OF NUMBER.—The 
numbers of visas calculated under this 
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clause for a fiscal year is the number that 
is equal to 70 percent of the total number 
of immigrant visas made available under 
such section 203(b) for such fiscal year. 
(3) 
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. 
SEC. 3. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJU-
DICATIONS. 
(a) EMPLOYMENT-BASED IMMIGRANTS.— 
(1) IN GENERAL.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) is amend-
ed by adding at the end the following: 
‘‘(s) SPECIAL PROVISIONS IN CASES OF LENGTHY 
ADJUDICATIONS.— 
‘‘(1) EXEMPTION
FROM
LIMITATIONS.—Not-
withstanding subsections (c)(2)(D), (g)(4) and (m), 
the authorized stay of an alien described in para-
graph (2) may be extended pursuant to paragraph 
(3) if 365 days or more have elapsed since the filing 
of any of the following: 
‘‘(A) An application for labor certification 
under section 212(a)(5)(A), in a case in which 
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certification is required or used by an alien to 
obtain status under section 203(b). 
‘‘(B) A petition described in section 204(b) 
to accord the alien a status under section 
203(b). 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien was previously 
issued a visa or otherwise provided nonimmigrant 
status under— 
‘‘(A) section 101(a)(15)(F); 
‘‘(B) section 101(a)(15)(H)(i)(b); or 
‘‘(C) section 101(a)(15)(L). 
‘‘(3) EXTENSION OF STATUS.—The Secretary 
of Homeland Security shall extend the stay of an 
alien who qualifies for an extension under paragraph 
(1) in one-year increments until such time as a final 
decision is made— 
‘‘(A) to deny the application described in 
paragraph (1)(A), or, in a case in which such 
application is granted, to deny a petition de-
scribed in paragraph (1)(B) filed on behalf of 
the alien pursuant to such grant; 
‘‘(B) to deny the petition described in 
paragraph (1)(B); or 
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‘‘(C) to grant or deny the alien’s applica-
tion for an immigrant visa or adjustment of 
status to that of an alien lawfully admitted for 
permanent residence.’’. 
(2) PROVIDING
DUAL
INTENT
FOR
STU-
DENTS.—Section 101(a)(15)(F)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ‘‘having a 
residence in a foreign country which he has no in-
tention of abandoning,’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 106 of the American Competi-
tiveness in the 21st Century Act is amended by 
striking subsections (a) and (b). 
(B) Section 214(b) of the Immigration and 
Nationality Act (8 U.S.C. 1184(b)) is amended 
by striking ‘‘(L) or (V)’’ and inserting ‘‘(F), 
(L) or (V)’’. 
(C) Section 214(h) of the Immigration and 
Nationality Act (8 U.S.C. 1184(h)) is amended 
by striking ‘‘(H)(i)(b)’’ and inserting ‘‘(F), 
(H)(i)(b)’’. 
(b) 
FAMILY-BASED
IMMIGRANTS.—Section 
101(a)(15) of the Immigration and Nationality Act (8 
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U.S.C. 1101(a)(15)) is amended by adding at the end the 
following: 
‘‘(W) an alien who is the beneficiary (in-
cluding a child of the principle alien, if eligible 
to receive a visa under section 203(d)) of an ap-
proved petition to accord a status under section 
203(a)(2)(A) if 180 days or more have elapsed 
since the filing of such petition and— 
‘‘(i) an immigrant visa is not imme-
diately available to the alien because of a 
waiting list of applicants for visas under 
section 203(a)(2)(A); or 
‘‘(ii) the alien’s application for an im-
migrant visa, or the alien’s application for 
adjustment of status under section 245, 
pursuant to the approval of such petition, 
remains pending.’’. 
SEC. 4. RECAPTURING IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY. 
(a) 
EMPLOYMENT-BASED
IMMIGRANTS.—Section 
201(d) of the Immigration and Nationality Act (8 U.S.C. 
1151(d)) is amended to read as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
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‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 140,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(a) 
(relating to family-sponsored immigrants) during the 
previous fiscal year and the number of visas issued 
under that section during that year. 
‘‘(3) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels 
established under paragraph (1) for fiscal 
years 1992 through 2011; and 
‘‘(ii) the number of visas actually 
issued under section 203(b), subject to this 
subsection, during such fiscal years; and 
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‘‘(B) the number of visas actually issued 
after fiscal year 2011 pursuant to an immi-
grant visa number issued under section 203(b), 
subject to this subsection, during fiscal years 
1992 through 2011.’’. 
(b) 
FAMILY-SPONSORED
IMMIGRANTS.—Section 
201(c) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)) is amended to read as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) Subject to subparagraph (B), the 
worldwide level of family-sponsored immigrants 
under this subsection for a fiscal year is equal 
to— 
‘‘(i) 480,000 minus the number com-
puted under paragraph (2); plus 
‘‘(ii) the sum of the number computed 
under paragraph (3) and the number com-
puted under paragraph (4). 
‘‘(B) In no case shall the number com-
puted under subparagraph (A)(i) be less than 
226,000. 
‘‘(2) IMMEDIATE
RELATIVES.—The number 
computed under this paragraph for a fiscal year is 
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the number of aliens described in subparagraph (A) 
or (B) of subsection (b)(2) who were issued immi-
grant visas, or who otherwise acquired the status of 
an alien lawfully admitted to the United States for 
permanent residence, in the previous fiscal year. 
‘‘(3) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(b) 
(relating to employment-based immigrants) during 
the previous fiscal year and the number of visas 
issued under that section during that year. 
‘‘(4) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels 
established under paragraph (1) for fiscal 
years 1992 through 2011; and 
‘‘(ii) the number of visas actually 
issued under section 203(a), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of visas actually issued 
after fiscal year 2011 pursuant to an immi-
grant visa number issued under section 203(a), 
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