Eliminating Backlogs Act of 2022
Bill: H.R.9646 | Sponsor: Rep. Bucshon, Larry (R-IN)
Policy area: Immigration

Summary:
Eliminating Backlogs Act of 2022
This bill increases the number of employment-based immigration visas available.
The total number of additional visas made available under this bill shall be based on a formula relating to certain types of visas issued from FY1992-FY2021. These visas shall be available in FY2023 and in subsequent fiscal years until they are used.
Furthermore, the yearly cap on the number of employment-based immigration visas that are made available to a single country shall not apply to the visas made available under this bill. (Generally, individuals from a single country may only receive up to 7% of such visas made available in a fiscal year.)

To preserve expiring employment-based visas, and make them available 
                 for issuance during fiscal year 2023.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating Backlogs Act of 2022''.

SEC. 2. PRESERVATION OF EXPIRING EMPLOYMENT-BASED VISAS.

    (a) In General.--Notwithstanding any other provision of law, for 
fiscal year 2023, the worldwide level of employment-based immigrants 
authorized under section 201(d) of the Immigration and Nationality Act 
(8 U.S.C. 1151(d)) shall be increased by the number computed under 
subsection (b) with respect to such worldwide levels.
    (b) Computation.--The number computed under this subsection is the 
difference (if any) between--
            (1) the number of visas that were originally made available 
        to family sponsored immigrants under section 201(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(c)(1)) for 
        fiscal years 1992 through 2021, reduced by any unused visas 
        made available to such immigrants in such fiscal years under 
        section 201(c)(3) of such Act (8 U.S.C. 1151(c)(3)); and
            (2) the sum of the number of aliens who were issued 
        employment-based immigrant visas or who otherwise acquired the 
        status of aliens lawfully admitted to the United States for 
        permanent residence under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)) during the fiscal years 
        referred to in paragraph (1).
    (c) Allocation.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall allocate the visas made available 
as a result of the increase authorized under subsection (a) on a 
proportional basis, in accordance with subsections (b) and (e)(1) of 
section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), and 
with subsection (e) of this section.
    (d) Availability.--Each visa made available under this section 
shall remain available for use in fiscal year 2023 or in any subsequent 
fiscal year, until the Secretary of State, in consultation with the 
Secretary of Homeland Security, determines that such visa has been 
issued and used as the basis for an application for admission into the 
United States.
    (e) Inapplicability of Per-Country Limitation.--Each visa made 
available under this section shall be awarded in the order in which 
employment-based visa applications were filed and shall not be subject 
to the numerical limitations under section 202 of the Immigration and 
Nationality Act to particular foreign states.
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