I 
117TH CONGRESS 
2D SESSION 
H. R. 7374 
To recapture certain unused immigrant visa numbers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2022 
Ms. LOFGREN (for herself, Mr. NADLER, Ms. CHU, and Mrs. TORRES of Cali-
fornia) introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To recapture certain unused immigrant visa numbers, 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— 
(1) the ‘‘Jumpstart Our Legal Immigration 
System Act’’; or 
(2) the ‘‘Jumpstart Act’’. 
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SEC. 2. RECAPTURE OF UNUSED IMMIGRANT VISA NUM-
BERS. 
(a) ENSURING FUTURE USE OF ALL IMMIGRANT 
VISAS.—Section 201(c)(1)(B)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is amended 
to read as follows: 
‘‘(ii) In no case shall the number computed under 
subparagraph (A) be less than the sum of— 
‘‘(I) 226,000; and 
‘‘(II) the number computed under paragraph 
(3).’’. 
(b) RECAPTURING UNUSED VISAS.—Section 201 of 
the Immigration and Nationality Act (8 U.S.C. 1151) is 
amended by adding at the end the following: 
‘‘(g) RECAPTURING UNUSED VISAS.— 
‘‘(1) FAMILY-SPONSORED VISAS.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
numerical limitations set forth in this section or 
in sections 202 or 203, beginning in fiscal year 
2022, the number of family-sponsored immi-
grant visas that may be issued under section 
203(a) shall be increased by the number com-
puted under subparagraph (B). 
‘‘(B) UNUSED VISAS.—The number com-
puted under this subparagraph is the dif-
ference, if any, between— 
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‘‘(i) the difference, if any, between— 
‘‘(I) the number of visas that 
were originally made available to fam-
ily-sponsored immigrants under sec-
tion 201(c)(1) for fiscal years 1992 
through 2021, setting aside any un-
used visas made available to such im-
migrants in such fiscal years under 
section 201(c)(3); and 
‘‘(II) the number of visas de-
scribed in subclause (I) that were 
issued under section 203(a), or, in ac-
cordance with section 201(d)(2)(C), 
under section 203(b); and 
‘‘(ii) the number of visas resulting 
from the calculation under clause (i) issued 
under section 203(a) after fiscal year 
2021. 
‘‘(2) EMPLOYMENT-BASED VISAS.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
numerical limitations set forth in this section or 
in sections 202 or 203, beginning in fiscal year 
2022, the number of employment-based immi-
grant visas that may be issued under section 
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alien selected in accordance with section 203(e)(2) in 
fiscal year 2017, 2018, 2019, 2020, or 2021 shall 
remain available to such alien (and the spouse and 
children of such alien) if— 
‘‘(A) the alien was refused a visa, pre-
vented from seeking admission, or denied ad-
mission to the United States solely because of 
Executive 
Order 
13769, 
Executive 
Order 
13780, Presidential Proclamation 9645, or 
Presidential Proclamation 9983; or 
‘‘(B) because of restrictions or limitations 
on visa processing, visa issuance, travel, or 
other effects associated with the COVID–19 
public health emergency— 
‘‘(i) the alien was unable to receive a 
visa interview despite submitting an Online 
Immigrant Visa and Alien Registration 
Application (Form DS–260) to the Sec-
retary of State; or 
‘‘(ii) the alien was unable to seek ad-
mission or was denied admission to the 
United States despite being approved for a 
visa under section 203(c).’’. 
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SEC. 3. ADJUSTMENT OF STATUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) VISA AVAILABILITY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(3), the Secretary of Homeland Security may ac-
cept for filing an application for adjustment of sta-
tus from an alien (and the spouse and children of 
such alien) if such alien is otherwise eligible for such 
adjustment and— 
‘‘(A) such alien— 
‘‘(i) is the beneficiary of an approved 
petition under subparagraph (A)(i) or 
(B)(i)(I) of section 204(a)(1); and 
‘‘(ii) pays a supplemental fee of 
$1,500, plus $250 for each derivative bene-
ficiary; 
‘‘(B) such alien— 
‘‘(i) is the beneficiary of an approved 
petition under subparagraph (E) or (F) of 
section 204(a)(1); and 
‘‘(ii) pays a supplemental fee of 
$3,000; or 
‘‘(C) such alien— 
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‘‘(i) is the beneficiary of an approved 
petition under subparagraph (H) of section 
204(a)(1); and 
‘‘(ii) pays a supplemental fee of 
$15,000. 
‘‘(2) EXEMPTION.—The Secretary of State shall 
exempt an alien (and the spouse and children of 
such alien) from the numerical limitations described 
in sections 201, 202, and 203, and the Secretary of 
Homeland Security may adjust the status of such 
alien (and the spouse and children of such alien) to 
lawful permanent resident, if such alien submits or 
has submitted an application for adjustment of sta-
tus and— 
‘‘(A) such alien— 
‘‘(i) is the beneficiary of an approved 
petition under subparagraph (A)(i) or 
(B)(i)(I) of section 204(a)(1) that bears a 
priority date that is more than 2 years be-
fore the date the alien requests an exemp-
tion the numerical limitations; and 
‘‘(ii) pays a supplemental fee of 
$2,500; 
‘‘(B) such alien— 
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‘‘(i) is the beneficiary of an approved 
petition under subparagraph (E) or (F) of 
section 204(a)(1) that bears a priority date 
that is more than 2 years before the date 
the alien requests an exemption of the nu-
merical limitations; and 
‘‘(ii) pays a supplemental fee of 
$7,500; or 
‘‘(C) such alien— 
‘‘(i) is the beneficiary of an approved 
petition under subparagraph (H) of section 
204(a)(1) that bears a priority date that is 
more than 2 years before the date the alien 
requests an exemption of the numerical 
limitations; and 
‘‘(ii) pays a supplemental fee of 
$100,000. 
‘‘(3) EFFECTIVE DATE.— 
‘‘(A) IN GENERAL.—The provisions of this 
subsection— 
‘‘(i) shall take effect on the earlier of 
the date that is— 
‘‘(I) 180 days after the date of 
the enactment of this subsection; or 
‘‘(II) October 1, 2022; and 
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‘‘(ii) except as provided in subpara-
graph (B), shall cease to have effect on the 
date that is 10 years after the date of the 
enactment of this subsection. 
‘‘(B) 
CONTINUATION.—Paragraph 
(2) 
shall continue in effect with respect to an alien 
who requested a waiver of the numerical limita-
tions and paid the requisite fee prior to the 
date described in subparagraph (A)(ii), until 
the Secretary of Homeland Security renders a 
final administrative decision on such applica-
tion.’’. 
SEC. 4. ADDITIONAL SUPPLEMENTAL FEES. 
(a) TREASURY.—Except as provided under sub-
section (e), the fees collected under this section and under 
section 245(n) of the Immigration and Nationality Act (8 
U.S.C. 1255(n)), as added by section 3 of this Act— 
(1) shall be deposited in the general fund of the 
Treasury of the United States; and 
(2) may not be waived, in whole or in part, by 
the Secretary of Homeland Security. 
(b) IMMIGRANT VISA PETITIONS.—In addition to any 
other fee collected in connection with a petition referred 
to in this subsection, the Secretary of Homeland Security 
shall collect a supplemental fee in the amount of— 
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(1) $100 in connection with each petition filed 
under— 
(A) section 204(a)(1)(A)(i) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(i)) for classification by reason of 
a relationship described under paragraph (1), 
(3), or (4) of section 203(a) of such Act (8 
U.S.C. 1153); and 
(B) section 204(a)(1)(B)(i)(I) of such Act 
(8 U.S.C. 1154(a)(1)(B)(i)(I)); 
(2) $800 in connection with each petition filed 
under subparagraph (E) or (F) of section 204(a)(1) 
of such Act (8 U.S.C. 1154(a)(1)); and 
(3) $15,000 in connection with each petition 
filed under subparagraph (H) of section 204(a)(1) of 
such Act (8 U.S.C. 1154(a)(1)). 
(c) NONIMMIGRANT VISA PETITIONS.—In addition to 
any other fee collected in connection with a petition filed 
under section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184), the Secretary of Homeland Security shall 
collect a supplemental fee of $500 in connection with each 
such petition for classification as a nonimmigrant under 
subparagraph (E), (H)(i)(b), (L), (O), or (P) of section 
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). 
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(d) EMPLOYMENT AUTHORIZATION.—In addition any 
other fee collected in connection with an application for 
employment authorization, the Secretary of Homeland Se-
curity shall collect a supplemental fee of $500 in connec-
tion with each such application filed by an individual seek-
ing such authorization as the spouse of a nonimmigrant 
described in subparagraph (E), (H), or (L) of section 
101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)). 
(e) 
OFFSETTING
COLLECTIONS.—The 
first 
$400,000,000 collected in the aggregate from fees author-
ized under this section and section 245(n) of the Immigra-
tion and Nationality Act (8 U.S.C. 1255), as added by 
section 3 of this Act, shall be deposited in the ‘‘Immigra-
tion Examinations Fee Account’’ established under section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)) as offsetting collections, to be available until ex-
pended, to the extent and in the amounts provided in ad-
vance in appropriations Acts, for necessary expenses of 
U.S. Citizenship and Immigration Services for application 
processing, the reduction of backlogs within asylum, field, 
and service center offices, and support of the refugee pro-
gram. 
(f) EFFECTIVE DATE.—This section shall— 
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(1) take effect on the earlier of the date that 
is— 
(A) 180 days after the date of the enact-
ment of this Act; or 
(B) October 1, 2022; and 
(2) cease to have effect on the date that is 10 
years after the date of the enactment of this section. 
Æ 
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