H.R. 5882 (110th): To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based ...

...immigrant visas in the future.

110th Congress, 2007–2009. Text as of Apr 23, 2008 (Introduced).

Status & Summary | PDF | Source: GPO

I

110th CONGRESS

2d Session

H. R. 5882

IN THE HOUSE OF REPRESENTATIVES

April 23, 2008

(for herself and Mr. Sensenbrenner) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.

1.

Recapture of immigrant visas lost to bureaucratic delay

(a)

Worldwide level of employment-based immigrants

Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

(d)

Worldwide level of employment-based immigrants

(1)

In general

The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of—

(A)

140,000;

(B)

the number computed under paragraph (2); and

(C)

the number computed under paragraph (3).

(2)

Unused visa numbers from previous fiscal year

The number computed under this paragraph for a fiscal year is the difference, if any, between—

(A)

the worldwide level established under paragraph (1) for the previous fiscal year; and

(B)

the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year.

(3)

Unused visa numbers from fiscal years 1992 through 2007

The number computed under this paragraph is the difference, if any, between—

(A)

the difference, if any, between—

(i)

the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2007; and

(ii)

the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and

(B)

the number of visas actually issued after fiscal year 2007 pursuant to an immigrant visa number issued under section 203(b), subject to this subsection, during fiscal years 1992 through 2007.

.

(b)

Worldwide level of family-sponsored immigrants

Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:

(c)

Worldwide level of family-sponsored immigrants

(1)

In general

(A)

Base level

Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to—

(i)

480,000 minus the number computed under paragraph (2); plus

(ii)

the sum of the number computed under paragraph (3) and the number computed under paragraph (4).

(B)

Minimum

In no case shall the number computed under subparagraph (A) be less than 226,000.

(2)

Number of certain aliens not subject to direct numerical limitations

The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year.

(3)

Unused visa numbers from previous fiscal year

The number computed under this paragraph for a fiscal year is the difference, if any, between—

(A)

the worldwide level established under paragraph (1) for the previous fiscal year; and

(B)

the number of visas actually issued under section 203(a), subject to this subsection, during the previous fiscal year.

(4)

Unused visa numbers from fiscal years 1992 through 2007

The number computed under this paragraph is the difference, if any, between—

(A)

the difference, if any, between—

(i)

the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2007; and

(ii)

the number of visas actually issued under section 203(a), subject to this subsection, during such fiscal years; and

(B)

the number of visas actually issued after fiscal year 2007 pursuant to an immigrant visa number issued under section 203(a), subject to this subsection, during fiscal years 1992 through 2007.

.

(c)

Effective date

The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act.