H.R.392 – Fairness for High-Skilled Immigrants Act of 2017

Click on the Title to LINK to the original BILL in CONGRESS.GOV

Sponsor:	Rep. Chaffetz, Jason [R-UT-3] (Introduced 01/10/2017)
Committees:	House – Judiciary
Latest Action:	House – 07/11/2017 ASSUMING FIRST SPONSORSHIP – Mr. Yoder asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 392, a bill originally introduced by Representative Chaffetz, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection. (All Actions)

Constitutional Authority Statement

[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CHAFFETZ:
H.R. 392.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clauses 4 and 18 to the U.S.
Constitution.
[Page H299]

Summary

Shown Here:
Introduced in House (01/10/2017)

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 a transition period during which a percentage of employment-based second and third preference (EB-2 and EB-3) immigrant visas are reserved as follows:

for FY2017, 15% of such visas are allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2011;
for FY2018, 10% of such visas are allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012; and
for FY2019, 10% of such visas are allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2015.

During the transition period, not more than 25% of the total number of the reserved EB-2 and EB-3 visas shall be allotted to natives of a single country.

For FY2015-FY2017, not more than 85% of the unreserved EB-2 and EB-3 visas shall be allotted to natives of a single country.

Amendments made by this bill shall apply beginning in FY2017.

Utah Rep. Jason Chaffetz says he will resign his congressional seat effective June 30.

Additional Bill information:

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—

(1) in the paragraph heading, by striking “AND EMPLOYMENT-BASED”;

(2) by striking “(3), (4), and (5),” and inserting “(3) and (4),”;

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

(4) by striking “7” and inserting “15”; and

(5) by striking “such subsections” and inserting “such section”.

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

(1) in subsection (a)(3), by striking “both subsections (a) and (b) of section 203” and inserting “section 203(a)”;

(2) by striking subsection (a)(5); and

(3) by amending subsection (e) to read as follows:

“(e) Special Rules For Countries At Ceiling.—If it is determined that 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, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (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 visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).”.

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Fairness for High-Skilled Immigrants Act of 2017