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H.R. 5921 (110th): High Skilled Per Country Level Elimination Act

The text of the bill below is as of Apr 29, 2008 (Introduced).

Source: GPO

I

110th CONGRESS

2d Session

H. R. 5921

IN THE HOUSE OF REPRESENTATIVES

April 29, 2008

(for herself and Mr. Goodlatte) 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 level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.

1.

Short title

This Act may be cited as the High Skilled Per Country Level Elimination Act.

2.

Elimination of per country level for employment-based immigrants

Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended—

(1)

in paragraph (2)—

(A)

by striking , (4), and (5) and inserting and (4); and

(B)

by striking subsections (a) and (b) of section 203 and inserting section 203(a);

(C)

by striking 7 percent (in the case of a single foreign state) or 2 percent and inserting 10 percent (in the case of a single foreign state) or 5 percent; and

(D)

by striking such subsections and inserting such section; and

(2)

by striking paragraph (5).

3.

Worldwide levels of employment-based and family-sponsored immigrants

(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; and

(B)

the number computed under paragraph (2).

(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.

.

(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 number computed under paragraph (3).

(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.

.

(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.