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Code · BILL · 116th Congress · H.R. 5038 (Reported in House) — To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing... · Sec. 207

Sec. 207. Improving access to permanent residence

436 words·~2 min read·/bill/116/hr/5038/rh/section-207

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Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) ) is amended by striking 140,000 and inserting 180,000 . Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— in paragraph
(1)by striking 28.6 percent of such worldwide level and inserting 40,040 ; in paragraph (2)(A) by striking 28.6 percent of such worldwide level and inserting 40,040 ; in paragraph (3)— in subparagraph (A)— in the matter before clause (i), by striking 28.6 percent of such worldwide level and inserting 80,040 ; and by amending clause
(iii)to read as follows: Other qualified immigrants who, at the time of petitioning for classification under this paragraph— are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States; or can demonstrate employment in the United States as an H–2A nonimmigrant worker for at least 100 days in each of at least 10 years. ; by amending subparagraph
(B)to read as follows: Except as provided in clauses
(ii)and (iii), 50,000 of the visas made available under this paragraph shall be reserved for qualified immigrants described in subparagraph (A)(iii). Subject to clause (iii), not less than four-fifths of the visas described in clause
(i)shall be reserved for— qualified immigrants described in subparagraph (A)(iii)(I) who will be performing agricultural labor or services in the United States; and qualified immigrants described in subparagraph (A)(iii)(II). If because of the application of clause (ii), the total number of visas available under this paragraph for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, clause
(ii)shall not apply to visas under this paragraph during the remainder of such calendar quarter. Visas described under clause
(ii)shall be issued without regard to the numerical limitation under section 202(a)(2). ; and by amending subparagraph
(C)by striking An immigrant visa and inserting Except for qualified immigrants petitioning for classification under subparagraph (A)(iii)(II), an immigrant visa ; in paragraph (4), by striking 7.1 percent of such worldwide level and inserting 9,940 ; and in paragraph (5)(A), in the matter before clause (i), by striking 7.1 percent of such worldwide level and inserting 9,940 . Section 204(a)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(E) ) is amended by inserting or 203(b)(3)(A)(iii)(II) after 203(b)(1)(A) . Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking section 101(a)(15)(H)(i) except subclause
(b1)of such section and inserting clause (i), except subclause (b1), or (ii)(a) of section 101(a)(15)(H) .
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Sec. 207
Improving access to permanent residence
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