Title: Fairness for High-Skilled Immigrants Act of 2017
Policy area: Immigration

Summary:
Fairness for High-Skilled Immigrants Act of 2017
This bill amends the Immigration and Nationality Act to: (1) eliminate the per-country numerical limitation for employment-based immigrants, and (2) increase the per-country numerical limitation for family-based immigrants from 7% to 15% of the total number of family-sponsored visas.
The Chinese Student Protection Act of 1992 is amended to eliminate the provision requiring the reduction of annual Chinese immigrant visas to offset status adjustments under such Act.
The bill establishes a transition period during which a percentage of employment-based second and third preference (EB-2 and EB-3) immigrant visas are reserved as follows:
During the transition period, not more than 25% of the total number of the reserved EB-2 and EB-3 visas shall be allotted to natives of a single country.
For FY2015-FY2017, not more than 85% of the unreserved EB-2 and EB-3 visas shall be allotted to natives of a single country.
Amendments made by this bill shall apply beginning in FY2017.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 392 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 392

   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

                            January 10, 2017

  Mr. Chaffetz (for himself, Mr. Bishop of Michigan, Mr. Cohen, Mrs. 
  Comstock, Mr. Connolly, Mr. Courtney, Mr. Cummings, Mr. Deutch, Mr. 
 Farenthold, Ms. Kelly of Illinois, Mr. Langevin, Mrs. Love, Ms. Meng, 
 Mr. O'Rourke, Mr. Paulsen, Mr. Pearce, Mr. Quigley, Mr. Ryan of Ohio, 
 Ms. Slaughter, Ms. Stefanik, Mr. Stewart, Mr. Swalwell of California, 
  Mr. Takano, Mrs. Wagner, Mr. Walz, and Mr. Yarmuth) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    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 ``Fairness for High-Skilled Immigrants 
Act of 2017''.

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
            (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 subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(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 Chinese 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
            (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, 2016, and shall apply to fiscal 
years beginning with fiscal year 2017.
    (e) Transition Rules for Employment-Based Immigrants.--
            (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 2017, 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 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 2011 under such paragraphs.
                    (B) For fiscal year 2018, 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.
                    (C) For fiscal year 2019, 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 2015 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 single foreign state or dependent 
                area in the appropriate 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 such Act (8 U.S.C. 
                1153(b)) and not reserved under paragraph (1), for each 
                of fiscal years 2015, 2016, and 2017, 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 2015, 2016, or 2017, the operation of paragraphs 
        (1) and (2) of this subsection would prevent the total number 
        of immigrant 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 determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.
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