Break the Chain Act
Bill: H.R.3798 | Sponsor: Rep. Steube, W. Gregory (R-FL)
Policy area: Immigration

Summary:
Break the Chain Act
This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas.
The alien parents of U.S. citizens shall not qualify for visas for immediate relatives, which are not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives.
The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring alien lawfully admitted for permanent residence shall be subject to the family-sponsored visa cap.
The bill revises the rules for determining whether an alien is a child for the purposes of family-sponsored immigration, and establishes that an alien who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child.
The bill creates a nonimmigrant classification for alien parents of adult U.S. citizens, which authorizes such alien parents for admission into the United States for an initial five-year period. Such alien parents shall not be authorized for employment or to receive any public benefits.

To amend the Immigration and Nationality Act to modify the provisions 
              that relate to family-sponsored immigrants.

    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 ``Break the Chain Act''.

SEC. 2. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

    (a) Immediate Relative Redefined.--Section 201 of the Immigration 
and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (b)(2)(A)--
                    (A) in clause (i), by striking ``children, spouses, 
                and parents of a citizen of the United States, except 
                that, in the case of parents, such citizens shall be at 
                least 21 years of age.'' and inserting ``children and 
                spouse of a citizen of the United States.''; and
                    (B) in clause (ii), by striking ``such an immediate 
                relative'' and inserting ``the immediate relative 
                spouse of a United States citizen'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to 87,934 minus the number computed under 
paragraph (2).
    ``(2) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the second preceding fiscal year who--
            ``(A) did not depart from the United States (without 
        advance parole) within 365 days; and
            ``(B)(i) did not acquire the status of an alien lawfully 
        admitted to the United States for permanent residence during 
        the two preceding fiscal years; or
            ``(ii) acquired such status during such period under a 
        provision of law (other than subsection (b)) that exempts 
        adjustment to such status from the numerical limitation on the 
        worldwide level of immigration under this section.''; and
            (3) in subsection (f)--
                    (A) in paragraph (2), by striking ``section 
                203(a)(2)(A)'' and inserting ``section 203(a)'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, by striking 
                ``(1) through (3)'' and inserting ``(1) and (2)''.
    (b) Family-Based Visa Preferences.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read 
as follows:
    ``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified 
immigrants who are the spouse or a child of an alien lawfully admitted 
for permanent residence. Such immigrants shall be allocated visas in 
accordance with the number computed under section 201(c).''.
    (c) Aging Out.--Section 203(h) of the Immigration and Nationality 
Act (8 U.S.C. 1153(h)) is amended--
            (1) by striking ``(a)(2)(A)'' each place such term appears 
        and inserting ``(a)'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) In general.--Subject to paragraph (2), for purposes 
        of subsections (a) and (d), a determination of whether an alien 
        satisfies the age requirement in the matter preceding 
        subparagraph (A) of section 101(b)(1) shall be made using the 
        age of the alien on the date on which a petition is filed with 
        the Secretary of Homeland Security.''.
            (3) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Limitation.--Notwithstanding the age of an alien on 
        the date on which a petition is filed, an alien who marries or 
        turns 25 years of age prior to a visa becoming available for 
        issuance pursuant to subsection (a) or (d), no longer satisfies 
        the age requirement described in paragraph (1).''; and
            (5) in paragraph (5), as so redesignated, by striking 
        ``(3)'' and inserting ``(4)''.
    (d) Conforming Amendments.--
            (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
        is amended by striking ``section 203(a)(2)(A)'' each place such 
        term appears and inserting ``section 203(a)''.
            (2) Procedure for granting immigrant status.--Section 204 
        of such Act (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)(i), by striking 
                        ``to classification by reason of a relationship 
                        described in paragraph (1), (3), or (4) of 
                        section 203(a) or'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by redesignating 
                                the second subclause (I) as subclause 
                                (II); and
                                    (II) by striking ``203(a)(2)(A)'' 
                                each place such terms appear and 
                                inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``section 204(a)(1)(B)(iii).'' and 
                        inserting ``an individual younger than 21 years 
                        of age for purposes of adjudicating such 
                        petition and for purposes of admission as an 
                        immediate relative under section 
                        201(b)(2)(A)(i) or a family-sponsored immigrant 
                        under section 203(a), as appropriate, 
                        notwithstanding the actual age of the 
                        individual.'';
                    (B) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3), as appropriate''; and
                    (C) by striking subsection (k).
            (3) Waivers of inadmissibility.--Section 212 of such Act (8 
        U.S.C. 1182) is amended--
                    (A) in subsection (a)(6)(E)(ii), by striking 
                ``section 203(a)(2)'' and inserting ``section 203(a)''; 
                and
                    (B) in subsection (d)(11), by striking ``(other 
                than paragraph (4) thereof)''.
            (4) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
        of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking 
        ``section 203(a)(2)(A)'' each place such term appears and 
        inserting ``section 203(a)''.
            (5) Definition of alien spouse.--Section 216(h)(1)(C) of 
        such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
            (6) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
        of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
    (e) Creation of Nonimmigrant Classification for Alien Parents of 
Adult United States Citizens.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) in subparagraph (T)(ii)(III), by striking the 
                period at the end and inserting a semicolon;
                    (B) in subparagraph (U)(iii), by striking ``or'' at 
                the end;
                    (C) in subparagraph (V)(ii)(II), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(W) Subject to section 214(s), an alien who is a 
                parent of a citizen of the United States, if the 
                citizen is at least 21 years of age.''.
            (2) Conditions on admission.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following:
    ``(s)(1) The initial period of authorized admission for a 
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but 
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the 
nonimmigrant is still residing in the United States.
            ``(2) A nonimmigrant described in section 101(a)(15)(W)--
                    ``(A) is not authorized to be employed in the 
                United States; and
                    ``(B) is not eligible for any Federal, State, or 
                local public benefit.
            ``(3) The United States citizen son or daughter shall file 
        a petition with the Secretary of Homeland Security on behalf of 
        the alien parent in order for the alien parent to be issued a 
        visa or otherwise be provided nonimmigrant status under section 
        101(a)(15)(W).
            ``(4) An alien is ineligible to be issued a visa or 
        otherwise be provided nonimmigrant status under section 
        101(a)(15)(W), or to be admitted into the United States as a 
        nonimmigrant described in section 101(a)(15)(W), unless the 
        alien provides satisfactory proof that the United States 
        citizen son or daughter has arranged for health insurance 
        coverage for the alien, at no cost to the alien, during the 
        anticipated period of the alien's residence in the United 
        States.''.
            (3) Affidavit of support.--
                    (A) Ground of inadmissibility.--Section 
                212(a)(4)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(4)(C)) is amended--
                            (i) in the heading by adding at the end the 
                        following: ``and nonimmigrants''; and
                            (ii) in the matter preceding clause (i), by 
                        striking ``section 201(b)(2) or 203(a)'' and 
                        inserting ``section 101(a)(15)(W), 201(b)(2), 
                        or 203(a)''.
                    (B) Affidavit required.--Section 213A of the 
                Immigration and Nationality Act (8 U.S.C. 1183a) is 
                amended--
                            (i) in subsection (a)(2)--
                                    (I) by striking ``An affidavit of 
                                support'' and inserting ``(A) in 
                                general--Except as provided in 
                                subparagraph (B), an affidavit of 
                                support''; and
                                    (II) by adding at the end the 
                                following:
                    ``(B) Special rule.--In the case of an alien who 
                has been issued a visa or otherwise provided 
                nonimmigrant status under section 101(a)(15)(W), an 
                affidavit of support shall be enforceable with respect 
                to benefits provided for an alien while the alien is 
                physically present in the United States.''; and
                            (ii) in subsection (f)(1)(D), by inserting 
                        after ``section 204'' the following: ``or 
                        petitioning for the alien to be provided a visa 
                        under or accorded status under section 
                        101(a)(15)(W)''.
    (f) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on October 1, 2022.
            (2) Invalidity of certain petitions and applications.--
                    (A) In general.--No person may file, and the 
                Secretary of Homeland Security and the Secretary of 
                State may not accept, adjudicate, or approve any 
                petition under section 204 of the Immigration and 
                Nationality Act (8 U.S.C. 1154) filed on or after the 
                date of enactment of this Act seeking classification of 
                an alien under section 201(b)(2)(A)(i) with respect to 
                a parent of a United States citizen, or under section 
                203(a)(1), (2)(B), (3), or (4) of such Act (8 U.S.C. 
                1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). Any 
                application for adjustment of status or an immigrant 
                visa based on such a petition shall be invalid.
                    (B) Pending petitions.--Neither the Secretary of 
                Homeland Security nor the Secretary of State may 
                adjudicate or approve any petition under section 204 of 
                the Immigration and Nationality Act (8 U.S.C. 1154) 
                pending as of the date of enactment of this Act seeking 
                classification of an alien under section 
                201(b)(2)(A)(i) with respect to a parent of a United 
                States citizen, or under section 203(a)(1), (2)(B), 
                (3), or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i), 
                1153(a)(1), (2)(B), (3), or (4)). Any application for 
                adjustment of status or an immigrant visa based on such 
                a petition shall be invalid.
            (3) Applicability to waitlisted applicants.--
                    (A) In general.--Notwithstanding the amendments 
                made by this section, an alien with regard to whom a 
                petition or application for status under paragraph (1), 
                (2)(B), (3), or (4) of section 203(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(a)), as 
                in effect on September 30, 2020, was approved prior to 
                the date of the enactment of this Act, may be issued a 
                visa pursuant to that paragraph in accordance with the 
                availability of visas under subparagraph (B).
                    (B) Availability of visas.--Visas may be issued to 
                beneficiaries of approved petitions under each category 
                described in subparagraph (A), but only until such time 
                as the number of visas that would have been allocated 
                to that category in fiscal year 2022, notwithstanding 
                the amendments made by this section, have been issued. 
                When the number of visas described in the previous 
                sentence have been issued for each category described 
                in subparagraph (A), no additional visas may be issued 
                for that category.
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