[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3721 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3721
To amend the Immigration and Nationality Act to end the immigrant visa
backlog, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2022
Mr. Durbin (for himself, Mr. Leahy, Ms. Hirono, Ms. Cortez Masto, Ms.
Duckworth, and Mr. Padilla) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to end the immigrant visa
backlog, 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 ``Resolving Extended Limbo for
Immigrant Employees and Families Act'' or the ``RELIEF Act''.
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), in the matter preceding paragraph
(1), by striking ``subsection (e))'' and inserting ``subsection
(d))'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2021, and shall apply to fiscal
years beginning with fiscal year 2022.
(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 2022, 15 percent of the
immigrant visas made available under each of paragraphs
(2), (3), and (5) 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 is
not one of the two states with the largest aggregate
numbers of natives who are beneficiaries of approved
petitions for immigrant status under such paragraphs.
(B) For fiscal year 2023, 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 is
not one of the two states with the largest aggregate
numbers of natives who are beneficiaries of approved
petitions for immigrant status under such paragraphs.
(C) For fiscal year 2024, 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 is
not one of the two states with the largest aggregate
numbers of natives who are beneficiaries of approved
petitions for immigrant status 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), (3), and (5) of section 203(b) of such Act (8
U.S.C. 1153(b)) and not reserved under paragraph (1),
for each of fiscal years 2022, 2023, and 2024, 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 2022, 2023, or 2024, 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) Transition rule for currently approved beneficiaries.--
(A) In general.--Notwithstanding section 202 of the
Immigration and Nationality Act, as amended by this
Act, immigrant visas under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b))
shall be allocated such that no alien described in
subparagraph (B) receives a visa later than the alien
otherwise would have received said visa had this Act
not been enacted.
(B) Alien described.--An alien is described in this
subparagraph if the alien is the beneficiary of a
petition for an immigrant visa under section 203(b) of
the Immigration and Nationality Act (8 U.S.C. 1153(b))
that was approved prior to the date of enactment of
this Act.
(5) 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.
(6) Ensuring availability of immigrant visas.--For each of
fiscal years 2022 through 2026, notwithstanding sections 201
and 202 of the Immigration and Nationality Act (8 U.S.C. 1151,
1152), as amended by this Act, additional immigrant visas under
section 203 of the Immigration and Nationality Act (8 U.S.C.
1153) shall be made available and allocated--
(A) such that no alien who is a beneficiary of a
petition for an immigrant visa under such section 203
receives a visa later than the alien otherwise would
have received such visa had this Act not been enacted;
and
(B) to permit all visas to be distributed in
accordance with this section.
SEC. 3. ENDING IMMIGRANT VISA BACKLOG.
(a) In General.--In addition to any immigrant visa made available
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as
amended by this Act, subject to paragraphs (1) and (2), the Secretary
of State shall make immigrant visas available to--
(1) aliens who are beneficiaries of petitions filed under
subsection (b) of section 203 of such Act (8 U.S.C. 1153)
before the date of the enactment of this Act; and
(2) aliens who are beneficiaries of petitions filed under
subsection (a) of such section before the date of the enactment
of this Act.
(b) Allocation of Visas.--The visas made available under this
section shall be allocated as follows:
(1) Employment-sponsored immigrant visas.--In each of
fiscal years 2022 through 2026, the Secretary of State shall
allocate to aliens described in subsection (a)(1) a number of
immigrant visas equal to \1/5\ of the number of aliens
described in such subsection the visas of whom have not been
issued as of the date of the enactment of this Act.
(2) Family-sponsored immigrant visas.--In each of fiscal
years 2022 through 2026, the Secretary of State shall allocate
to aliens described in subsection (a)(2) a number of immigrant
visas equal to \1/5\ of the difference between--
(A) the number of aliens described in such
subsection the visas of whom have not been issued as of
the date of the enactment of this Act; and
(B) the number of aliens described in subsection
(a)(1).
(c) Order of Issuance for Previously Filed Applications.--The visas
made available under this section shall be issued in accordance with
section 202 of the Immigration and Nationality Act (8 U.S.C. 1152), as
amended by this Act, in the order in which the petitions under section
203 of such Act (8 U.S.C. 1153) were filed.
SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER.
(a) Reclassification of Spouses and Minor Children of Lawful
Permanent Residents as Immediate Relatives and Exemption of
Derivatives.--The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended--
(1) in section 201(b) (8 U.S.C. 1151(b))--
(A) in paragraph (1), by adding at the end the
following:
``(F) Aliens who derive status under section 203(d).''; and
(B) by amending paragraph (2) to read as follows:
``(2)(A) Immediate relatives.--Aliens who are immediate
relatives.
``(B) Definition of immediate relative.--In this paragraph,
the term `immediate relative' means--
``(i) a child, spouse, or parent of a citizen of
the United States, except that in the case of such a
parent such citizen shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully
admitted for permanent residence;
``(iii) a child or spouse of an alien described in
clause (i), who is accompanying or following to join
the alien;
``(iv) a child or spouse of an alien described in
clause (ii), who is accompanying or following to join
the alien;
``(v) an alien admitted under section 211(a) on the
basis of a prior issuance of a visa to the alien's
accompanying parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted
for permanent residence during a temporary visit
abroad.
``(C) Treatment of spouse and children of deceased citizen
or lawful permanent resident.--If an alien who was the spouse
or child of a citizen of the United States or of an alien
lawfully admitted for permanent residence and was not legally
separated from the citizen or lawful permanent resident at the
time of the citizen's or lawful permanent resident's death
files a petition under section 204(a)(1)(B), the alien spouse
(and each child of the alien) shall remain, for purposes of
this paragraph, an immediate relative during the period
beginning on the date of the citizen's or permanent resident's
death and ending on the date on which the alien spouse
remarries.
``(D) Protection of victims of abuse.--An alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) shall remain, for purposes of this paragraph, an
immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States
citizenship on account of the abuse.''; and
(2) in section 203(a) (8 U.S.C. 1153(a))--
(A) in paragraph (1), by striking ``23,400'' and
inserting ``111,334''; and
(B) by amending paragraph (2) to read as follows:
``(2) Unmarried sons and unmarried daughters of lawful
permanent residents.--Qualified immigrants who are the
unmarried sons or unmarried daughters (but are not the
children) of aliens lawfully admitted for permanent residence
shall be allocated visas in a number not to exceed 26,266,
plus--
``(A) the number of visas by which the worldwide
level exceeds 226,000; and
``(B) the number of visas not required for the
class specified in paragraph (1).''.
(b) Protecting Children From Aging Out.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of subsection (d), a
determination of whether an alien satisfies the age requirement
in the matter preceding subparagraph (A) of section 101(b)(1)
shall be made using the age of the alien on the date on which
the petition is filed with the Secretary of Homeland Security
under section 204.'';
(2) by amending paragraph (2) to read as follows:
``(2) Petitions described.--A petition described in this
paragraph is a petition filed under section 204 for
classification of--
``(A) the alien's parent under subsection (a), (b),
or (c); or
``(B) the alien as an immediate relative based on
classification as a child of--
``(i) a citizen of the United States; or
``(ii) a lawful permanent resident.'';
(3) in paragraph (3), by striking ``subsections (a)(2)(A)
and'' and inserting ``subsection''; and
(4) by adding at the end the following:
``(5) Treatment for nonimmigrant categories purposes.--An
alien dependent treated as a child for immigrant visa purposes
under this subsection shall be treated as a dependent child for
nonimmigrant categories.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(ii))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B))''.
(2) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as so redesignated, by
striking ``through (3)'' and inserting ``and (2)''.
(3) Per country level.--Section 202(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is
amended by striking ``section 201(b)(2)(A)(i)'' and inserting
``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B))''.
(4) Numerical limitation to any single foreign state.--
Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated--
(i) by striking the undesignated matter
following clause (ii);
(ii) by striking clause (ii);
(iii) in clause (i), by striking ``, or''
and inserting a period; and
(iv) in the matter preceding clause (i), by
striking ``section 203(a)(2)(B) may not
exceed'' and all that follows through ``23
percent'' in clause (i) and inserting ``section
203(a)(2) may not exceed 23 percent''.
(5) Procedures for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by
striking ``section
201(b)(2)(A)(i)'' and inserting
``clause (i) or (ii) of section
201(b)(2)(B)'';
(bb) in clause (ii), by
striking ``the second sentence
of section 201(b)(2)(A)(i)''
and inserting ``section
201(b)(2)(C)'';
(cc) by amending clause
(iii) to read as follows:
``(iii)(I) An alien who is described in clause (ii)
may file a petition with the Secretary of Homeland
Security under this subparagraph for classification of
the alien (and any child of the alien) if the alien
demonstrates to the Secretary that--
``(aa) the marriage or the intent to marry
the citizen of the United States or lawful
permanent resident was entered into in good
faith by the alien; and
``(bb) during the marriage or relationship
intended by the alien to be legally a marriage,
the alien or a child of the alien has been
battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or
intended spouse.
``(II) For purposes of subclause (I), an alien
described in this subclause is an alien--
``(aa)(AA) who is the spouse of a citizen
of the United States or lawful permanent
resident;
``(BB) who believed that he or she had
married a citizen of the United States or
lawful permanent resident and with whom a
marriage ceremony was actually performed and
who otherwise meets any applicable requirements
under this Act to establish the existence of
and bona fides of a marriage, but whose
marriage is not legitimate solely because of
the bigamy of such citizen of the United States
or lawful permanent resident; or
``(CC) who was a bona fide spouse of a
citizen of the United States or a lawful
permanent resident within the past 2 years and
whose spouse died within the past 2 years,
whose spouse renounced citizenship status or
renounced or lost status as a lawful permanent
resident within the past 2 years related to an
incident of domestic violence, or who
demonstrates a connection between the legal
termination of the marriage within the past 2
years and battering or extreme cruelty by a
spouse who is a citizen of the United States or
a lawful permanent resident spouse;
``(bb) who is a person of good moral
character;
``(cc) who is eligible to be classified as
an immediate relative under section
201(b)(2)(B) or who would have been so
classified but for the bigamy of the citizen of
the United States or lawful permanent resident
that the alien intended to marry; and
``(dd) who has resided with the alien's
spouse or intended spouse.'';
(dd) by amending clause
(iv) to read as follows:
``(iv) An alien who is the child of a citizen or
lawful permanent resident of the United States, or who
was a child of a United States citizen or lawful
permanent resident parent who within the past 2 years
lost or renounced citizenship status related to an
incident of domestic violence, and who is a person of
good moral character, who is eligible to be classified
as an immediate relative under section 201(b)(2)(B),
and who resides, or has resided in the past, with the
citizen or lawful permanent resident parent may file a
petition with the Secretary of Homeland Security under
this subparagraph for classification of the alien (and
any child of the alien) under such section if the alien
demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen or lawful permanent
resident parent. For purposes of this clause, residence
includes any period of visitation.''; and
(ee) in clause (v)(I), in
the matter preceding item (aa),
by inserting ``or lawful
permanent resident'' after
``citizen'';
(ff) in clause (vi), by
striking ``renunciation of
citizenship'' and all that
follows through ``citizenship
status'' and inserting
``renunciation of citizenship
or lawful permanent resident
status, death of the abuser,
divorce, or changes to the
abuser's citizenship or lawful
permanent resident status'';
and
(gg) in clause (vii), by
striking ``section
201(b)(2)(A)(i)'' each place it
appears and inserting ``section
201(b)(2)(B)'';
(II) by amending subparagraph (B)
to read as follows:
``(B)(i)(I) Except as provided in subclause (II),
any alien lawfully admitted for permanent residence
claiming that an alien is entitled to a classification
by reason of the relationship described in section
203(a)(2) may file a petition with the Attorney General
for such classification.
``(II) Subclause (I) shall not apply in the case of
an alien lawfully admitted for permanent residence who
has been convicted of a specified offense against a
minor (as defined in subparagraph (A)(viii)(II)),
unless the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion,
determines that such person poses no risk to the alien
with respect to whom a petition described in subclause
(I) is filed.
``(ii) An alien who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent
resident status due to an incident of domestic violence, and
who is a person of good moral character, who is eligible for
classification under section 203(a)(2), and who resides, or has
resided in the past, with the alien's permanent resident alien
parent may file a petition with the Secretary of Homeland
Security under this subparagraph for classification of the
alien (and any child of the alien) under such section if the
alien demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent.
``(iii)(I) For purposes of a petition filed or approved
under clause (ii), the loss of lawful permanent resident status
by a parent after the filing of a petition under that clause
shall not adversely affect approval of the petition, and for an
approved petition, shall not affect the alien's ability to
adjust status under subsections (a) and (c) of section 245 or
obtain status as a lawful permanent resident based on an
approved self-petition under clause (ii).
``(II) Upon the lawful permanent resident parent becoming
or establishing the existence of United States citizenship
through naturalization, acquisition of citizenship, or other
means, any petition filed with the Secretary of Homeland
Security and pending or approved under clause (ii) on behalf of
an alien who has been battered or subjected to extreme cruelty
shall be deemed reclassified as a petition filed under
subparagraph (A) even if the acquisition of citizenship occurs
after the termination of parental rights.''; and
(III) in subparagraph (D)(i)(I), by
striking ``paragraph (1), (2), or (3)''
and inserting ``paragraph (1) or (3)'';
and
(ii) in paragraph (2)--
(I) by striking ``spousal second
preference petition'' each place it
appears and inserting ``petition for
the spouse of an alien lawfully
admitted for permanent residence''; and
(II) in the undesignated matter
following subparagraph (A)(ii), by
striking ``preference status under
section 203(a)(2)'' and inserting
``classification as an immediate
relative under section
201(b)(2)(B)(ii)'';
(B) in subsection (c)(1), by striking ``or
preference status''; and
(C) in subsection (k)(1), by striking
``203(a)(2)(B)'' and inserting ``203(a)(2)''.
(6) Excludable aliens.--Section 212(d)(12)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is
amended by striking ``section 201(b)(2)(A)'' and inserting
``section 201(b)(2) (other than subparagraph (B)(vi))''.
(7) Admission of nonimmigrants.--Section 214(r)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1184(r)(3)(A)) is
amended by striking ``section 201(b)(2)(A)(i)'' and inserting
``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B)).''
(8) Definition of alien spouse.--Section 216(h)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(A))
is amended by inserting ``or an alien lawfully admitted for
permanent residence'' after ``United States''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-118;
8 U.S.C. 1157 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
clause (v) or (vi) of subparagraph (B))''.
(10) Processing of visa applications.--Section 233(b)(1) of
the Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228; 8 U.S.C. 1201 note) is amended by striking
``section 201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)
(other than clause (v) or (vi) of subparagraph (B))''.
<all>