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 the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas:
The bill sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 281

   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 SENATE OF THE UNITED STATES

                            February 2, 2017

    Mr. Lee introduced the following bill; which was read twice and 
               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 to read as follows:
            ``(2) Per country levels for family-sponsored immigrants.--
        Subject to paragraphs (3) and (4), the total number of 
        immigrant visas made available to natives of any single foreign 
        state or dependent area under section 203(a) in any fiscal year 
        may not exceed 15 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 made available under such section in 
        that fiscal year.''.
    (b) Conforming Amendments.--Section 202 of such Act (8 U.S.C. 1152) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If 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, immigrant 
visas shall be allotted to such natives under section 203(a) (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 visas made available under each of 
paragraphs (1) through (4) of section 203(a) is equal to the ratio of 
the total visas made available under the respective paragraph to the 
total 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 ``(as defined in 
        subsection (e))'';
            (2) by striking subsection (d); and
            (3) by 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 
year 2017 and each subsequent fiscal year.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to paragraphs (2) through (4), 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.--The number of visas reserved 
                under each of subparagraphs (A) through (C) of 
                paragraph (1) 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.--Not more than 85 percent of 
                the immigrant visas made available under each of 
                paragraphs (2) and (3) of section 203(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)) and 
                not reserved under paragraph (1), for each of the 
                fiscal years 2015, 2016, and 2017, may 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 application of 
        paragraphs (1) and (2) would prevent the total number of 
        immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of the Immigration and Nationality 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).
            (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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