Jumpstart Act
Bill: H.R.7374 | Sponsor: Rep. Lofgren, Zoe (D-CA)
Policy area: Immigration

Summary:
Jumpstart Our Legal Immigration System Act or the Jumpstart Act
This bill makes unused employment-based and family-based immigrant visas from FY1992 through FY2021 available in subsequent fiscal years. It also makes diversity immigrant visas available to individuals who were selected for such a visa between FY2017-FY2021 but were unable to receive the visa due to certain (1) executive actions, or (2) limitations related to COVID-19.
The bill also establishes supplemental fees for certain immigration-related applications.

To recapture certain unused immigrant visa numbers, and for other 
                               purposes.

    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--
            (1) the ``Jumpstart Our Legal Immigration System Act''; or
            (2) the ``Jumpstart Act''.

SEC. 2. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.

    (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 immigrant visas that may be issued 
                under section 203(a) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                subparagraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to family-
                                sponsored immigrants under section 
                                201(c)(1) for fiscal years 1992 through 
                                2021, setting aside any unused visas 
                                made available to such immigrants in 
                                such fiscal years under section 
                                201(c)(3); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(a), or, in 
                                accordance 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 immigrant visas that may be issued 
                under section 203(b) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                paragraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to 
                                employment-based immigrants under 
                                section 201(d)(1) for fiscal years 1992 
                                through 2021, setting aside any unused 
                                visas made available to such immigrants 
                                in such fiscal years under section 
                                201(d)(2); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(b), or, in 
                                accordance with section 201(c)(3)(C), 
                                under section 203(a); and
                            ``(ii) the number of visas resulting from 
                        the calculation under clause (i) issued under 
                        section 203(b) after fiscal year 2021.
            ``(3) Diversity visas.--Notwithstanding section 
        204(a)(1)(I)(ii)(II), an immigrant visa for an 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, prevented from 
                seeking admission, or denied admission 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 Secretary of 
                        State; or
                            ``(ii) the alien was unable to seek 
                        admission or was denied admission to the United 
                        States despite being approved for a visa under 
                        section 203(c).''.

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 following:
    ``(n) Visa Availability.--
            ``(1) In general.--Notwithstanding subsection (a)(3), the 
        Secretary of Homeland Security may accept for filing an 
        application for adjustment of status 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 beneficiary;
                    ``(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--
                            ``(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 status 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 before the date the 
                        alien requests an exemption the numerical 
                        limitations; and
                            ``(ii) pays a supplemental fee of $2,500;
                    ``(B) such alien--
                            ``(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 numerical 
                        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
                            ``(ii) except as provided in subparagraph 
                        (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 limitations 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 application.''.

SEC. 4. ADDITIONAL SUPPLEMENTAL FEES.

    (a) Treasury.--Except as provided under subsection (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--
            (1) $100 in connection with each petition filed under--
                    (A) section 204(a)(1)(A)(i) of the Immigration 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)).
    (d) Employment Authorization.--In addition any other fee collected 
in connection with an application for employment authorization, the 
Secretary of Homeland Security shall collect a supplemental fee of $500 
in connection with each such application filed by an individual seeking 
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 authorized under this section and section 
245(n) of the Immigration and Nationality Act (8 U.S.C. 1255), as added 
by section 3 of this Act, shall be deposited in the ``Immigration 
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 expended, to the extent and in the 
amounts provided in advance 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 program.
    (f) Effective Date.--This section shall--
            (1) take effect on the earlier of the date that is--
                    (A) 180 days after the date of the enactment 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.
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