The impact of HR3012 on Family-based immigration

[SimonZoe 4]

If the Bill HR 3012 passed into law,what is its impact on Family-based categories?The Bill upgrades the annual limitation per country from 7 percent to 15 percent,what does that mean?Please weigh in your thoughts.

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Bill Text

112th Congress (2011-2012)

H.R.3012.RH

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H.R.3012 -- Fairness for High-Skilled Immigrants Act of 2011 (Reported in House - RH)

HR 3012 RH

Union Calendar No. 193

112th CONGRESS

1st Session

H. R. 3012

[Report No. 112-292]

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.

IN THE HOUSE OF REPRESENTATIVES

September 22, 2011

Mr. CHAFFETZ (for himself and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

November 18, 2011

Additional sponsors: Mr. GRIFFIN of Arkansas, Ms. ZOE LOFGREN of California, Mr. HOLT, Mr. GOODLATTE, Mr. GUTIERREZ, Mr. JACKSON of Illinois, Mr. THOMPSON of Pennsylvania, Mr. MORAN, Mr. FLAKE, and MRS. MALONEY

November 18, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[strike out all after the enacting clause and insert the part printed in italic]

[For text of the introduced bill, see bill as introduced on September 22, 2011]

A BILL

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).'.

© 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.

© 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 © 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.

Union Calendar No. 193

112th CONGRESS

1st Session

H. R. 3012

[Report No. 112-292]

A BILL

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.

November 18, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

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[JimVaPhuong 4,863]

It means that heavily oversubscribed countries will get to use some of the visa numbers that they would currently be ineligible to use. It's good news for people waiting for a family preference visa in an oversubscribed country like China, India, or the Philippines, and also good news for someone waiting for an employment based visa in an oversubscribed country. The overwhelming majority of countries are not oversubscribed in either of these categories, but it's possible they could be adversely affected because there will be more eligible applicants from oversubscribed countries getting the available visa numbers.

You can think of this as a sophisticated system of people waiting in line. For each visa category there is a line of people waiting to get a visa. When an immigrant visa petition is approved then the beneficiary is placed in the line for that visa category. Their position in the line is determined by the date their petition was originally accepted by USCIS - their priority date.

There are statutory limits on the number of visas that can be issued from each category per year. Department of State has a complex formula they use to determine how many visa numbers they will issue in each category in a given month. The cutoff will correspond to a position in the line for people with a specific priority date, so they publish the cutoff date in a monthly bulletin.

There is also a statutory limit that no more than 7% of the visas in any category can go to people from any single country. When the number of people standing in line from one country exceeds that number then the surplus are moved into a separate line specifically for that country. Any new applicants from that country go to the end of the separate line. Applicants in the separate line are gradually moved back into the main line as the number of applicants from that country in the main line drops below 7%. The net result is that the total amount of time they have to wait is longer, so there's a separate cutoff date published for oversubscribed countries.

This law will change the per country limit to 15% - more than double the current limit. This means there will be a lot more people from oversubscribed countries who are eligible to wait in the main line. Unless I'm misreading it, it won't increase the total number of visas available in each category. The net result will probably be that people from oversubscribed countries won't have to wait as long for their priority date to become current, while everyone else will have to wait a little longer to make up for it.

Edited December 1, 2011 by JimVaPhuong

[Rick_ES_USA 13]

Yes this is exactly the way I understand it. Beautifully explain by JimVaPhuong

In simple words:

We, the rest of the world, will have to wait even longer … Hit me in the HEAD!!!

Hope it does not pass in the Senate!

It means that heavily oversubscribed countries will get to use some of the visa numbers that they would currently be ineligible to use. It's good news for people waiting for a family preference visa in an oversubscribed country like China, India, or the Philippines, and also good news for someone waiting for an employment based visa in an oversubscribed country. The overwhelming majority of countries are not oversubscribed in either of these categories, but it's possible they could be adversely affected because there will be more eligible applicants from oversubscribed countries getting the available visa numbers.

You can think of this as a sophisticated system of people waiting in line. For each visa category there is a line of people waiting to get a visa. When an immigrant visa petition is approved then the beneficiary is placed in the line for that visa category. Their position in the line is determined by the date their petition was originally accepted by USCIS - their priority date.

There are statutory limits on the number of visas that can be issued from each category per year. Department of State has a complex formula they use to determine how many visa numbers they will issue in each category in a given month. The cutoff will correspond to a position in the line for people with a specific priority date, so they publish the cutoff date in a monthly bulletin.

There is also a statutory limit that no more than 7% of the visas in any category can go to people from any single country. When the number of people standing in line from one country exceeds that number then the surplus are moved into a separate line specifically for that country. Any new applicants from that country go to the end of the separate line. Applicants in the separate line are gradually moved back into the main line as the number of applicants from that country in the main line drops below 7%. The net result is that the total amount of time they have to wait is longer, so there's a separate cutoff date published for oversubscribed countries.

This law will change the per country limit to 15% - more than double the current limit. This means there will be a lot more people from oversubscribed countries who are eligible to wait in the main line. Unless I'm misreading it, it won't increase the total number of visas available in each category. The net result will probably be that people from oversubscribed countries won't have to wait as long for their priority date to become current, while everyone else will have to wait a little longer to make up for it.

[SimonZoe 4]

Oh,No,before the GREAT retrogression,I was about to have the VISA interview.And after the retrogression the F4 category progress moves like a snail.And now this Bill tells us we would have to wait even longer?

[SimonZoe 4]

Well,Even if Mexico and Philipinos use up 30% quota altogether,there are still 70% left.And China India F4 category can also benefet from this 15%.Because the population of these four countries is almost half of the total.

So no need to panic.

[JimVaPhuong 4,863]

Well,Even if Mexico and Philipinos use up 30% quota altogether,there are still 70% left.And China India F4 category can also benefet from this 15%.Because the population of these four countries is almost half of the total.

So no need to panic.

No reason to panic if the beneficiary is from one of the four oversubscribed countries. Not good news if the beneficiary is from one of the other 192 countries in the world.

[sp1991 28]

this bill is passed? in Senate and in house ?

and when it will be implemented ?

i m f4 derivative beneficiary ..from india ...will it help me ?(pd april 2001)

Edited December 2, 2011 by sachin6878

[jhp 10]

this bill is passed? in Senate and in house ?

and when it will be implemented ?

i m f4 derivative beneficiary ..from india ...will it help me ?(pd april 2001)

it will endup into bad news for all the countries except maxico and philipines......and most affected will be f1,f3 and f4.......indian f4 will be in the loser list....at least upto the time maxico and philipines equate the cut off dates with india...

Edited December 2, 2011 by jhp

[Visa Grant 78]

My take on this bill is, It benefits somebody in this broken Immigration System, whether they are from oversubscribed or undersubscribed. Even for a genuine immigrant who wants to make a difference and uplift their living/economical conditions in Mexico or Philipinos or some other country, by immigrating to US.If it is taking 20yrs and above to immigrate...how good can it be for oneself except to sacrifice and make the best for the next generation..The System has to be improved..

[JimVaPhuong 4,863]

this bill is passed? in Senate and in house ?

and when it will be implemented ?

i m f4 derivative beneficiary ..from india ...will it help me ?(pd april 2001)

The bill passed the House on a motion to suspend the rules on Tuesday, and was sent to the Senate on Wednesday. It has not passed the Senate yet. If it does pass, and if the President signs it, then it will probably hurt you rather than help. India is not oversubscribed on F4 visas, but Mexico and especially the Philippines are. A much larger chunk of the annual allotment of F4's will be available for applicants in Mexico and the Philippines, and everyone else will have to wait a little longer. This is because there are a lot of applicants in Mexico and the Philippines who have priority dates before yours, but they have been waiting longer because of the per country limits. Raising the per country limits will allow them to step ahead of you in line, and will push back the cutoff dates for F4's from all other countries.

My take on this bill is, It benefits somebody in this broken Immigration System, whether they are from oversubscribed or undersubscribed. Even for a genuine immigrant who wants to make a difference and uplift their living/economical conditions in Mexico or Philipinos or some other country, by immigrating to US.If it is taking 20yrs and above to immigrate...how good can it be for oneself except to sacrifice and make the best for the next generation..The System has to be improved..

You seem to completely misunderstand the effect of this bill. It isn't going to increase the number of immigrants in any family preference category. It's only going to change the ratio of immigrants from oversubscribed countries versus non-oversubscribed countries. This is great for the people in the few oversubscribed countries, but a kick in the pants for the majority of the people in the non-oversubscribed countries.

[sp1991 28]

The bill passed the House on a motion to suspend the rules on Tuesday, and was sent to the Senate on Wednesday. It has not passed the Senate yet. If it does pass, and if the President signs it, then it will probably hurt you rather than help. India is not oversubscribed on F4 visas, but Mexico and especially the Philippines are. A much larger chunk of the annual allotment of F4's will be available for applicants in Mexico and the Philippines, and everyone else will have to wait a little longer. This is because there are a lot of applicants in Mexico and the Philippines who have priority dates before yours, but they have been waiting longer because of the per country limits. Raising the per country limits will allow them to step ahead of you in line, and will push back the cutoff dates for F4's from all other countries.

You seem to completely misunderstand the effect of this bill. It isn't going to increase the number of immigrants in any family preference category. It's only going to change the ratio of immigrants from oversubscribed countries versus non-oversubscribed countries. This is great for the people in the few oversubscribed countries, but a kick in the pants for the majority of the people in the non-oversubscribed countries.

i think it will help india (f4)

coz highest demand of f4 visa is in maxico ..and then india...then Philippines comes..so if the limit is increased to 15 % then it will help beneficiaries from india....and also f1, f2a,f2b, f3 visa demand is very low in india....

so in india visa demand in high for f4 then phillipines...so no matter how long the line in Philippines...the law is about the pending application..ri8?

i m giving a link of pending visa application and demand of visa in country ..(from dos )

http://www.travel.state.gov/pdf/WaitingListItem.pdf

what do u think abt that?

give me your opinion on that ....

and correct me if i m wrong.....

[sp1991 28]

it will help those country whose priority date is behind from worldwide countries or it will help those countries where visa demand (pending application )

is high..?? ? ? ? ?

and oversubscribe means high visa demand or the cut of dates behind from world wide \?

m confused...plz clear my doubts

Edited December 3, 2011 by sachin6878

[Visa Grant 78]

..............

You seem to completely misunderstand the effect of this bill. It isn't going to increase the number of immigrants in any family preference category. It's only going to change the ratio of immigrants from oversubscribed countries versus non-oversubscribed countries. This is great for the people in the few oversubscribed countries, but a kick in the pants for the majority of the people in the non-oversubscribed countries.

...I understand the implications of this bill..Mexico will be the major beneficiary in the FB category..

[Visa Grant 78]

it will help those country whose priority date is behind from worldwide countries or it will help those countries where visa demand (pending application )

is high..?? ? ? ? ?

and oversubscribe means high visa demand or the cut of dates behind from world wide \?

m confused...plz clear my doubts

As Jim said Visa numbers will be same i.e 65K, so, realignment will be based on visa demand..

[Shailesh Patel 0]

Dear Friends

I am very sorry not to complete my earlier notes due to some reasons.

We should divide the total visa i.e. 226000 in to category wise as well as country wise.

COUNTRY