Sec. 317. Visa to prevent unauthorized migration
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Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended by adding at the end the following: The worldwide level of PUM immigrants is equal to 100,000 for each fiscal year the PUM visa is authorized. . Section 203 of the Immigration and Nationality Act is amended by adding at the end the following: Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 201(g) for PUM immigrants shall be allotted visas during the first three fiscal years following 6 months after enactment of the CIR ASAP Act of 2013 as follows:
The Secretary shall determine for the most recent previous 5-fiscal year period for which data are available— each country (in this paragraph referred to as a transitional visa admission state ) whose nationals represented not less than 5 percent of the total number of unauthorized immigrants to the United States during the 5-fiscal year period; and the percentage of unauthorized immigrants that nationals of each transitional visa admission state represented of the total number of unauthorized immigrants to all transitional visa admission states during the 5-year period.
Subject to clause (ii), the percentage of immigrant visas made available under this paragraph to nationals of any single transitional visa admission state shall not exceed the percentage determined for that transitional visa admission state in subparagraph (A)(ii). If the Secretary of State estimates that the number of immigrant visas to be issued to nationals in any state for a fiscal year under this paragraph is less than the number of immigrant visas made available to such nationals under this paragraph for the fiscal year, the excess visa numbers shall be made available to nationals of the other states in proportion to the percentages otherwise specified in subparagraph (A)(ii).
An alien is not eligible for a visa under this subsection unless the alien— at the time of application for such a visa, is not present in the United States and is not entitled to an immigrant status under any other provision of the Immigration and Nationality Act; has no other employment-based or family-based visa application pending; submits to a security and law enforcement background check, according to procedures established by the Secretary; and with regard to education, has completed less than a 4-year college degree program.
Transitional visa holders shall be required to participate in data collection and study as described in section 501(b)(1)(G) of this Act that the Labor Commission deems necessary or helpful to fulfill its purpose and mission. The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection and share such information to the Labor Commission in Title V of this Act as needed.
Immigrant visas made available each fiscal year under this subsection shall be issued to eligible qualified immigrants in a random order established by the Secretary of State. .
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Sec. 317
Visa to prevent unauthorized migration
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