Title: Preserving Employment Visas Act
Policy area: Immigration

Summary:
Preserving Employment Visas Act
This bill reclaims unused employment-based immigrant visas from FY2020 and FY2021 and makes such unused visas available in FY2022, for the purposes of calculating the total number of employment-based immigrant visas available each fiscal year. If, at the end of FY2022, there are still unused FY2020 and FY2021 visas, these unused visas shall be available in subsequent fiscal years until they are all used.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2828 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2828

   To authorize U.S. Citizenship and Immigration Services to process 
employment-based immigrant visa applications after September 30, 2021, 
and to award such visas to eligible applicants from the pool of unused 
  employment-based immigrant visas during fiscal years 2020 and 2021.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2021

  Mr. Tillis (for himself, Ms. Collins, and Mr. Paul) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To authorize U.S. Citizenship and Immigration Services to process 
employment-based immigrant visa applications after September 30, 2021, 
and to award such visas to eligible applicants from the pool of unused 
  employment-based immigrant visas during fiscal years 2020 and 2021.

    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 ``Preserving Employment Visas Act''.

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

    (a) In General.--Notwithstanding any other provision of law, for 
fiscal year 2022, 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 sum of the worldwide levels authorized under the 
        section 201(d) of the Immigration and Nationality Act (8 U.S.C. 
        1151(d)) for fiscal years 2020 and 2021; 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).
    (d) Availability.--Each visa made available under this section 
shall remain available for use in fiscal year 2022 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.
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