HR 5882
110th CONGRESS
2d Session
H. R. 5882
To recapture employment-based immigrant visas lost to bureaucratic
delays and to prevent losses of family- and employment-based immigrant visas
in the future.
IN THE HOUSE OF REPRESENTATIVES
April 23, 2008
Ms. ZOE LOFGREN of California (for herself and Mr. SENSENBRENNER) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To recapture employment-based immigrant visas lost to bureaucratic
delays and to prevent losses of family- and employment-based immigrant visas
in the future.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants- Section 201(d) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants -
`(1) IN GENERAL- The worldwide level of employment-based immigrants under
this subsection for a fiscal year is equal to the sum of--
`(B) the number computed under paragraph (2); and
`(C) the number computed under paragraph (3).
`(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed
under this paragraph for a fiscal year is the difference, if any, between--
`(A) the worldwide level established under paragraph (1) for the previous
fiscal year; and
`(B) the number of visas actually issued under section 203(b), subject
to this subsection, during the previous fiscal year.
`(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number
computed under this paragraph is the difference, if any, between--
`(A) the difference, if any, between--
`(i) the sum of the worldwide levels established under paragraph (1)
for fiscal years 1992 through 2007; and
`(ii) the number of visas actually issued under section 203(b), subject
to this subsection, during such fiscal years; and
`(B) the number of visas actually issued after fiscal year 2007 pursuant
to an immigrant visa number issued under section 203(b), subject to this
subsection, during fiscal years 1992 through 2007.'.
(b) Worldwide Level of Family-Sponsored Immigrants- Section 201(c) of the
Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:
`(c) Worldwide Level of Family-Sponsored Immigrants-
`(A) BASE LEVEL- Subject to subparagraph (B), the worldwide level of family-sponsored
immigrants under this subsection for a fiscal year is equal to--
`(i) 480,000 minus the number computed under paragraph (2); plus
`(ii) the sum of the number computed under paragraph (3) and the number
computed under paragraph (4).
`(B) MINIMUM- In no case shall the number computed under subparagraph
(A) be less than 226,000.
`(2) NUMBER OF CERTAIN ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS-
The number computed under this paragraph for a fiscal year is the number
of aliens described in subparagraph (A) or (B) of subsection (b)(2) who
were issued immigrant visas, or who otherwise acquired the status of an
alien lawfully admitted to the United States for permanent residence, in
the previous fiscal year.
`(3) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed
under this paragraph for a fiscal year is the difference, if any, between--
`(A) the worldwide level established under paragraph (1) for the previous
fiscal year; and
`(B) the number of visas actually issued under section 203(a), subject
to this subsection, during the previous fiscal year.
`(4) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number
computed under this paragraph is the difference, if any, between--
`(A) the difference, if any, between--
`(i) the sum of the worldwide levels established under paragraph (1)
for fiscal years 1992 through 2007; and
`(ii) the number of visas actually issued under section 203(a), subject
to this subsection, during such fiscal years; and
`(B) the number of visas actually issued after fiscal year 2007 pursuant
to an immigrant visa number issued under section 203(a), subject to this
subsection, during fiscal years 1992 through 2007.'.
(c) Effective Date- The amendments made by this section shall take effect
on the first day of the first fiscal year that begins after the date of the
enactment of this Act.
END
