IB 
Union Calendar No. 193 
112TH CONGRESS 
1ST SESSION H. R. 3012 
[Report No. 112–292] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2011 
Mr. CHAFFETZ (for himself and Mr. SMITH of Texas) introduced the following 
bill; which was referred to the Committee on the Judiciary 
NOVEMBER 18, 2011 
Additional sponsors: Mr. GRIFFIN of Arkansas, Ms. ZOE LOFGREN of Cali-
fornia, Mr. HOLT, Mr. GOODLATTE, Mr. GUTIERREZ, Mr. JACKSON of Il-
linois, Mr. THOMPSON of Pennsylvania, Mr. MORAN, Mr. FLAKE, and 
MRS. MALONEY 
NOVEMBER 18, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of the introduced bill, see bill as introduced on September 22, 2011] 
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A BILL 
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. 
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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 ‘‘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 Immigra-
tion and Nationality Act (8 U.S.C. 1152(a)(2)) is amend-
ed— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and inserting 
‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of section 
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)’’; 
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(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 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 allocated (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 respective paragraph to 
the total number of visas made available under section 
203(a).’’. 
(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the Chi-
nese 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 
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(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 30, 2011, 
and shall apply to fiscal years beginning with fiscal year 
2012. 
(e) TRANSITION RULES FOR EMPLOYMENT-BASED IM-
MIGRANTS.— 
(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 immi-
grants who are natives of a foreign state or de-
pendent area that was not one of the two states 
with the largest aggregate numbers of natives ob-
taining 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 
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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. 
(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 sin-
gle foreign state or dependent area in the appro-
priate 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.—With respect to 
the immigrant visas made available under each 
of paragraphs (2) and (3) of section 203(b) of 
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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 percent 
shall be allotted to immigrants who are natives 
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 immi-
grant 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 without regard to 
paragraphs (1) and (2) of this subsection. 
(4) RULES FOR CHARGEABILITY.—Section 202(b) 
of such Act (8 U.S.C. 1152(b)) shall apply in deter-
mining the foreign state to which an alien is charge-
able for purposes of this subsection. 
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Union Calendar No. 193 
112TH CONGRESS 
1ST SESSION 
H. R. 3012 
[Report No. 112–292] 
A BILL 
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-spon-
sored immigrants, and for other purposes. 
NOVEMBER 18, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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