AN ACT
To amend the Immigration and Nationality Act to eliminate the per-country
numerical limitation for employment-based immigrants, to increase the per-
country numerical limitation for family-sponsored immigrants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fairness for High-Skilled Immigrants Act of
2011'.
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).'.
(c) Country-specific Offset- Section 2 of the Chinese Student Protection Act
of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking `subsection (e))' and inserting `
subsection (d))'; and
(2) by striking subsection (d) and redesignating subsection (e) as
subsection (d).
(d) Effective Date- The amendments made by this section shall take effect as
if enacted on September 30, 2011, and shall apply to fiscal years beginning
with fiscal year 2012.
(e) Transition Rules for Employment-based Immigrants-
(1) IN GENERAL- Subject to the succeeding paragraphs 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:
(A) For fiscal year 2012, 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 one of the two states with the largest
aggregate numbers of natives obtaining immigrant visas during fiscal year
2010 under such paragraphs.
(B) For fiscal year 2013, 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 one of the two
states with the largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2011 under such paragraphs.
(C) For fiscal year 2014, 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 one of the two
states with the largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2012 under such paragraphs.
(2) PER-COUNTRY LEVELS-
(A) RESERVED VISAS- 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.
(B) UNRESERVED VISAS- With respect to 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)) and not reserved under paragraph (1), for each of fiscal years
2012, 2013, and 2014, not more than 85 percent shall be allotted to
immigrants who are natives of any single foreign state.
(3) SPECIAL RULE TO PREVENT UNUSED VISAS- If, with respect to fiscal year
2012, 2013, or 2014, the operation of paragraphs (1) and (2) of this
subsection would prevent the total number of immigrant visas made available
under paragraph (2) or (3) of section 203(b) of such 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 paragraphs (1) and (2) of this subsection.
(4) RULES FOR CHARGEABILITY- Section 202(b) of such 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.
Passed the House of Representatives November 29, 2011.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 293
