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Code · BILL · 116th Congress · S. 328 (Introduced in Senate) — To jump-start economic recovery through the formation and growth of new businesses, and for other purposes. · Sec. 5

Sec. 5. Elimination of the per country numerical limitation for employment-based visas

758 words·~3 min read·/bill/116/s/328/is/section-5

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Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— in the paragraph heading, by striking ; and employment-based by striking (3), (4), and (5), and inserting
(3)and (4), ; by striking subsections
(a)and
(b)of section 203 and inserting section 203(a) ; by striking 7 and inserting 15 ; and by striking such subsections and inserting such section . Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— in subsection (a)— in paragraph (3), by striking both subsections
(a)and
(b)of section 203 and inserting section 203(a) ; and by striking paragraph (5); and by amending subsection
(e)to read as follows: If 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). . Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and by striking subsection
(d)and redesignating subsection
(e)as subsection (d). The amendments made by this section shall take effect on September 30, 2019, and shall apply to fiscal years beginning with fiscal year 2020. Subject to of this subsection and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq.), the following rules shall apply: For fiscal year 2020, 15 percent of the immigrant visas made available under each of paragraphs
(2)and
(3)of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2018 under such paragraphs. For fiscal year 2021, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2019 under such paragraphs. For fiscal year 2022, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not 1 of the 2 foreign states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2020 under such paragraphs. With respect to the visas reserved under each of subparagraphs
(A)through
(C)of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. With respect to the immigrant visas made available under each of paragraphs
(2)and
(3)of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), for each of fiscal years 2020, 2021, and 2022, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. If, with respect to fiscal year 2020, 2021, or 2022, the operation of paragraphs
(1)and
(2)would prevent the total number of immigrant visas made available under paragraph
(2)or
(3)of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) from being issued, such visas may be issued during the remainder of such fiscal year without regard to such paragraphs
(1)and (2). Section 202(b) of the Immigration and Nationality Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection.
Connections6 off-index
6 references not yet in our index
  • 8 USC 1152(a)(2)
  • 8 USC 1152
  • 8 USC 1255
  • 8 USC 1151
  • 8 USC 1153(b)
  • 8 USC 1152(b)
Citation graph
cites case law
Sec. 5
Elimination of the per country numerical limitation for employment-based visas
Cite8 USC 1152(a)(2)
Cite8 USC 1152
Cite8 USC 1255
Cite8 USC 1151
Cite8 USC 1153(b)
Cites 6 · showing 5Cited by 0 across 0 sources
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