Eliminating Backlogs Act of 2022

Bill: 117-hr-9646
Sponsor: full_name: Rep. Bucshon, Larry [R-IN-8]
Introduced: 2022-12-21
Policy area: Immigration
Subjects: Foreign labor

Immigration status and procedures

Visas and passports
Latest action: action_date: 2022-12-21
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2022-12-21
action_desc: Introduced in House
text: <p><b>Eliminating Backlogs Act of 2022</b></p> <p>This bill increases the number of employment-based immigration visas available.</p> <p>The total number of additional visas made available under this bill shall be based on a formula relating to certain types of visas issued from FY1992-FY2021. These visas shall be available in FY2023 and in subsequent fiscal years until they are used. </p> <p>Furthermore, the yearly cap on the number of employment-based immigration visas that are made available to a single country shall not apply to the visas made available under this bill. (Generally, individuals from a single country may only receive up to 7% of such visas made available in a fiscal year.)</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9646 IN THE HOUSE OF REPRESENTATIVES December 21, 2022 Mr. Bucshon (for himself and Mr. Krishnamoorthi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To preserve expiring employment-based visas, and make them available for issuance during fiscal year 2023.

1. Short title This Act may be cited as the Eliminating Backlogs Act of 2022 . 2. Preservation of expiring employment-based visas (a) In general Notwithstanding any other provision of law, for fiscal year 2023, 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The number computed under this subsection is the difference (if any) between— (1) the number of visas that were originally made available to family sponsored immigrants under section 201(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1) ) for fiscal years 1992 through 2021, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(c)(3) of such Act ( 8 U.S.C. 1151(c)(3) ); 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 ), and with subsection (e) of this section. (d) Availability Each visa made available under this section shall remain available for use in fiscal year 2023 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. (e) Inapplicability of per-Country limitation Each visa made available under this section shall be awarded in the order in which employment-based visa applications were filed and shall not be subject to the numerical limitations under section 202 of the Immigration and Nationality Act to particular foreign states.