[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7374 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7374
To recapture certain unused immigrant visa numbers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2022
Ms. Lofgren (for herself, Mr. Nadler, Ms. Chu, and Mrs. Torres of
California) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To recapture certain unused immigrant visa numbers, 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--
(1) the ``Jumpstart Our Legal Immigration System Act''; or
(2) the ``Jumpstart Act''.
SEC. 2. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.
(a) Ensuring Future Use of All Immigrant Visas.--Section
201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C.
1151(c)(1)(B)(ii)) is amended to read as follows:
``(ii) In no case shall the number computed under subparagraph (A)
be less than the sum of--
``(I) 226,000; and
``(II) the number computed under paragraph (3).''.
(b) Recapturing Unused Visas.--Section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) is amended by adding at the end the
following:
``(g) Recapturing Unused Visas.--
``(1) Family-sponsored visas.--
``(A) In general.--Notwithstanding the numerical
limitations set forth in this section or in sections
202 or 203, beginning in fiscal year 2022, the number
of family-sponsored immigrant visas that may be issued
under section 203(a) shall be increased by the number
computed under subparagraph (B).
``(B) Unused visas.--The number computed under this
subparagraph is the difference, if any, between--
``(i) the difference, if any, between--
``(I) the number of visas that were
originally made available to family-
sponsored immigrants under section
201(c)(1) for fiscal years 1992 through
2021, setting aside any unused visas
made available to such immigrants in
such fiscal years under section
201(c)(3); and
``(II) the number of visas
described in subclause (I) that were
issued under section 203(a), or, in
accordance with section 201(d)(2)(C),
under section 203(b); and
``(ii) the number of visas resulting from
the calculation under clause (i) issued under
section 203(a) after fiscal year 2021.
``(2) Employment-based visas.--
``(A) In general.--Notwithstanding the numerical
limitations set forth in this section or in sections
202 or 203, beginning in fiscal year 2022, the number
of employment-based immigrant visas that may be issued
under section 203(b) shall be increased by the number
computed under subparagraph (B).
``(B) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(i) the difference, if any, between--
``(I) the number of visas that were
originally made available to
employment-based immigrants under
section 201(d)(1) for fiscal years 1992
through 2021, setting aside any unused
visas made available to such immigrants
in such fiscal years under section
201(d)(2); and
``(II) the number of visas
described in subclause (I) that were
issued under section 203(b), or, in
accordance with section 201(c)(3)(C),
under section 203(a); and
``(ii) the number of visas resulting from
the calculation under clause (i) issued under
section 203(b) after fiscal year 2021.
``(3) Diversity visas.--Notwithstanding section
204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected
in accordance with section 203(e)(2) in fiscal year 2017, 2018,
2019, 2020, or 2021 shall remain available to such alien (and
the spouse and children of such alien) if--
``(A) the alien was refused a visa, prevented from
seeking admission, or denied admission to the United
States solely because of Executive Order 13769,
Executive Order 13780, Presidential Proclamation 9645,
or Presidential Proclamation 9983; or
``(B) because of restrictions or limitations on
visa processing, visa issuance, travel, or other
effects associated with the COVID-19 public health
emergency--
``(i) the alien was unable to receive a
visa interview despite submitting an Online
Immigrant Visa and Alien Registration
Application (Form DS-260) to the Secretary of
State; or
``(ii) the alien was unable to seek
admission or was denied admission to the United
States despite being approved for a visa under
section 203(c).''.
SEC. 3. ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n) Visa Availability.--
``(1) In general.--Notwithstanding subsection (a)(3), the
Secretary of Homeland Security may accept for filing an
application for adjustment of status from an alien (and the
spouse and children of such alien) if such alien is otherwise
eligible for such adjustment and--
``(A) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (A)(i) or (B)(i)(I)
of section 204(a)(1); and
``(ii) pays a supplemental fee of $1,500,
plus $250 for each derivative beneficiary;
``(B) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (E) or (F) of
section 204(a)(1); and
``(ii) pays a supplemental fee of $3,000;
or
``(C) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (H) of section
204(a)(1); and
``(ii) pays a supplemental fee of $15,000.
``(2) Exemption.--The Secretary of State shall exempt an
alien (and the spouse and children of such alien) from the
numerical limitations described in sections 201, 202, and 203,
and the Secretary of Homeland Security may adjust the status of
such alien (and the spouse and children of such alien) to
lawful permanent resident, if such alien submits or has
submitted an application for adjustment of status and--
``(A) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (A)(i) or (B)(i)(I)
of section 204(a)(1) that bears a priority date
that is more than 2 years before the date the
alien requests an exemption the numerical
limitations; and
``(ii) pays a supplemental fee of $2,500;
``(B) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (E) or (F) of
section 204(a)(1) that bears a priority date
that is more than 2 years before the date the
alien requests an exemption of the numerical
limitations; and
``(ii) pays a supplemental fee of $7,500;
or
``(C) such alien--
``(i) is the beneficiary of an approved
petition under subparagraph (H) of section
204(a)(1) that bears a priority date that is
more than 2 years before the date the alien
requests an exemption of the numerical
limitations; and
``(ii) pays a supplemental fee of $100,000.
``(3) Effective date.--
``(A) In general.--The provisions of this
subsection--
``(i) shall take effect on the earlier of
the date that is--
``(I) 180 days after the date of
the enactment of this subsection; or
``(II) October 1, 2022; and
``(ii) except as provided in subparagraph
(B), shall cease to have effect on the date
that is 10 years after the date of the
enactment of this subsection.
``(B) Continuation.--Paragraph (2) shall continue
in effect with respect to an alien who requested a
waiver of the numerical limitations and paid the
requisite fee prior to the date described in
subparagraph (A)(ii), until the Secretary of Homeland
Security renders a final administrative decision on
such application.''.
SEC. 4. ADDITIONAL SUPPLEMENTAL FEES.
(a) Treasury.--Except as provided under subsection (e), the fees
collected under this section and under section 245(n) of the
Immigration and Nationality Act (8 U.S.C. 1255(n)), as added by section
3 of this Act--
(1) shall be deposited in the general fund of the Treasury
of the United States; and
(2) may not be waived, in whole or in part, by the
Secretary of Homeland Security.
(b) Immigrant Visa Petitions.--In addition to any other fee
collected in connection with a petition referred to in this subsection,
the Secretary of Homeland Security shall collect a supplemental fee in
the amount of--
(1) $100 in connection with each petition filed under--
(A) section 204(a)(1)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) for
classification by reason of a relationship described
under paragraph (1), (3), or (4) of section 203(a) of
such Act (8 U.S.C. 1153); and
(B) section 204(a)(1)(B)(i)(I) of such Act (8
U.S.C. 1154(a)(1)(B)(i)(I));
(2) $800 in connection with each petition filed under
subparagraph (E) or (F) of section 204(a)(1) of such Act (8
U.S.C. 1154(a)(1)); and
(3) $15,000 in connection with each petition filed under
subparagraph (H) of section 204(a)(1) of such Act (8 U.S.C.
1154(a)(1)).
(c) Nonimmigrant Visa Petitions.--In addition to any other fee
collected in connection with a petition filed under section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184), the Secretary of
Homeland Security shall collect a supplemental fee of $500 in
connection with each such petition for classification as a nonimmigrant
under subparagraph (E), (H)(i)(b), (L), (O), or (P) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
(d) Employment Authorization.--In addition any other fee collected
in connection with an application for employment authorization, the
Secretary of Homeland Security shall collect a supplemental fee of $500
in connection with each such application filed by an individual seeking
such authorization as the spouse of a nonimmigrant described in
subparagraph (E), (H), or (L) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)).
(e) Offsetting Collections.--The first $400,000,000 collected in
the aggregate from fees authorized under this section and section
245(n) of the Immigration and Nationality Act (8 U.S.C. 1255), as added
by section 3 of this Act, shall be deposited in the ``Immigration
Examinations Fee Account'' established under section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) as offsetting
collections, to be available until expended, to the extent and in the
amounts provided in advance in appropriations Acts, for necessary
expenses of U.S. Citizenship and Immigration Services for application
processing, the reduction of backlogs within asylum, field, and service
center offices, and support of the refugee program.
(f) Effective Date.--This section shall--
(1) take effect on the earlier of the date that is--
(A) 180 days after the date of the enactment of
this Act; or
(B) October 1, 2022; and
(2) cease to have effect on the date that is 10 years after
the date of the enactment of this section.
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