118th CONGRESS 1st Session |
To preserve expiring employment-based visas, and make them available for issuance during fiscal year 2024.
March 10, 2023
Mr. Bucshon (for himself and Mr. Krishnamoorthi) introduced the following bill; which was referred to the Committee on the Judiciary
To preserve expiring employment-based visas, and make them available for issuance during fiscal year 2024.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Eliminating Backlogs Act of 2023”.
SEC. 2. Preservation of expiring employment-based visas.
(a) In general.—Notwithstanding any other provision of law, for fiscal year 2024, the worldwide level of employment-based immigrants authorized under section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) shall be increased by the number computed under subsection (b) with respect to such worldwide levels.
(b) Computation.—The number computed under this subsection is the difference (if any) between—
(1) the number of visas that were originally made available to family sponsored immigrants under section 201(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(1)) for fiscal years 1992 through 2021, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(c)(3) of such Act (8 U.S.C. 1151(c)(3)); and
(2) the sum of the number of aliens who were issued employment-based immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) during the fiscal years referred to in paragraph (1).
(c) Allocation.—The Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the increase authorized under subsection (a) on a proportional basis, in accordance with subsections (b) and (e)(1) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), and with subsection (e) of this section.
(d) Availability.—Each visa made available under this section shall remain available for use in fiscal year 2024 or in any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States.
(e) Inapplicability of per-Country limitation.—Each visa made available under this section shall be awarded in the order in which employment-based visa applications were filed and shall not be subject to the numerical limitations under section 202 of the Immigration and Nationality Act to particular foreign states.