Text: S.354 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (02/13/2017)

 
[Congressional Bills 115th Congress]
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[S. 354 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 354

To amend the Immigration and Nationality Act to eliminate the Diversity 
Visa Program, to limit the President's discretion in setting the number 
   of refugees admitted annually to the United States, to reduce the 
  number of family-sponsored immigrants, to create a new nonimmigrant 
classification for the parents of adult United States citizens, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2017

Mr. Cotton (for himself and Mr. Perdue) 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 eliminate the Diversity 
Visa Program, to limit the President's discretion in setting the number 
   of refugees admitted annually to the United States, to reduce the 
  number of family-sponsored immigrants, to create a new nonimmigrant 
classification for the parents of adult United States citizens, 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 ``Reforming American Immigration for 
Strong Employment Act'' or the ``RAISE Act''.

SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM.

    (a) In General.--Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended by striking subsection (c).
    (b) Technical and Conforming Amendments.--
            (1) Immigration and nationality act.--The Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) is amended--
                    (A) in section 101(a)(15)(V), by striking ``section 
                203(d)'' and inserting ``section 203(c)'';
                    (B) in section 201--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by adding 
                                ``and'' at the end; and
                                    (II) in paragraph (2), by striking 
                                ``; and'' at the end and inserting a 
                                period; and
                                    (III) by striking paragraph (3); 
                                and
                            (ii) by striking subsection (e);
                    (C) in section 203--
                            (i) in subsection (b)(2)(B)(ii)(IV), by 
                        striking ``section 203(b)(2)(B)'' each place 
                        such term appears and inserting ``clause (i)'';
                            (ii) by redesignating subsections (d), (e), 
                        (f), (g), and (h) as subsections (c), (d), (e), 
                        (f), and (g), respectively;
                            (iii) in subsection (c), as redesignated, 
                        by striking ``subsection (a), (b), or (c)'' and 
                        inserting ``subsection (a) or (b)'';
                            (iv) in subsection (d), as redesignated--
                                    (I) by striking paragraph (2); and
                                    (II) by redesignating paragraph (3) 
                                as paragraph (2);
                            (v) in subsection (e), as redesignated, by 
                        striking ``subsection (a), (b), or (c) of this 
                        section'' and inserting ``subsection (a) or 
                        (b)'';
                            (vi) in subsection (f), as redesignated, by 
                        striking ``subsections (a), (b), and (c)'' and 
                        inserting ``subsections (a) and (b)''; and
                            (vii) in subsection (g), as redesignated--
                                    (I) by striking ``(d)'' each place 
                                such term appears and inserting 
                                ``(c)''; and
                                    (II) in paragraph (2)(B), by 
                                striking ``subsection (a), (b), or 
                                (c)'' and inserting ``subsection (a) or 
                                (b)'';
                    (D) in section 204--
                            (i) in subsection (a)(1), by striking 
                        subparagraph (I);
                            (ii) in subsection (e), by striking 
                        ``subsection (a), (b), or (c) of section 203'' 
                        and inserting ``subsection (a) or (b) of 
                        section 203''; and
                            (iii) in subsection (l)(2)--
                                    (I) in subparagraph (B), by 
                                striking ``section 203 (a) or (d)'' and 
                                inserting ``subsection (a) or (c) of 
                                section 203''; and
                                    (II) in subparagraph (C), by 
                                striking ``section 203(d)'' and 
                                inserting ``section 203(c)'';
                    (E) in section 214(q)(1)(B)(i), by striking 
                ``section 203(d)'' and inserting ``section 203(c)'';
                    (F) in section 216(h)(1), in the undesignated 
                matter following subparagraph (C), by striking 
                ``section 203(d)'' and inserting ``section 203(c)''; 
                and
                    (G) in section 245(i)(1)(B), by striking ``section 
                203(d)'' and inserting ``section 203(c)''.
            (2) Immigrant investor pilot program.--Section 610(d) of 
        the Departments of Commerce, Justice, and State, the Judiciary, 
        and Related Agencies Appropriations Act, 1993 (Public Law 102-
        395) is amended by striking ``section 203(e) of such Act (8 
        U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8 
        U.S.C. 1153(d))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning on or after 
the date of the enactment of this Act.

SEC. 3. ANNUAL ADMISSION OF REFUGEES.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) by striking subsections (a) and (b);
            (2) by redesignating subsection (e) as subsection (a);
            (3) by redesignating subsection (f) as subsection (e);
            (4) by inserting after subsection (a), as redesignated, the 
        following:
    ``(b) Maximum Number of Admissions.--
            ``(1) In general.--The number of refugees who may be 
        admitted under this section in any fiscal year may not exceed 
        50,000.
            ``(2) Asylees.--The President shall annually enumerate the 
        number of aliens who were granted asylum in the previous fiscal 
        year.''; and
            (5) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.

SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

    (a) Immediate Relative Redefined.--Section 201 of the Immigration 
and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (b)(2)(A)--
                    (A) in clause (i), by striking ``children, spouses, 
                and parents of a citizen of the United States, except 
                that, in the case of parents, such citizens shall be at 
                least 21 years of age.'' and inserting ``children and 
                spouse of a citizen of the United States.''; and
                    (B) in clause (ii), by striking ``such an immediate 
                relative'' and inserting ``the immediate relative 
                spouse of a United States citizen'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to 88,000 minus the number computed under 
paragraph (2).
    ``(2) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the second preceding fiscal year who--
            ``(A) did not depart from the United States (without 
        advance parole) within 365 days; and
            ``(B)(i) did not acquire the status of an alien lawfully 
        admitted to the United States for permanent residence during 
        the two preceding fiscal years; or
            ``(ii) acquired such status during such period under a 
        provision of law (other than subsection (b)) that exempts 
        adjustment to such status from the numerical limitation on the 
        worldwide level of immigration under this section.''; and
            (3) in subsection (f)--
                    (A) in paragraph (2), by striking ``section 
                203(a)(2)(A)'' and inserting ``section 203(a)'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, by striking 
                ``(1) through (3)'' and inserting ``(1) and (2)''.
    (b) Family-Based Visa Preferences.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read 
as follows:
    ``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified 
immigrants who are the spouse or a child of an alien lawfully admitted 
for permanent residence.''.
    (c) Conforming Amendments.--
            (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
        is amended by striking ``section 203(a)(2)(A)'' each place such 
        term appears and inserting ``section 203(a)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of such Act (8 U.S.C. 1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) 75 percent of family-sponsored immigrants not 
                subject to per country limitation.--Of the visa numbers 
                made available under section 203(a) in any fiscal year, 
                75 percent shall be issued without regard to the 
                numerical limitation under paragraph (2).
                    ``(B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                            ``(i) In general.--Of the visa numbers made 
                        available under section 203(a) in any fiscal 
                        year, 25 percent shall be available, in the 
                        case of a foreign state or dependent area that 
                        is subject to subsection (e) only to the extent 
                        that the total number of visas issued in 
                        accordance with subparagraph (A) to natives of 
                        the foreign state or dependent area is less 
                        than the subsection (e) ceiling.
                            ``(ii) Subsection (e) ceiling defined.--In 
                        clause (i), the term `subsection (e) ceiling' 
                        means, for a foreign state or dependent area, 
                        77 percent of the maximum number of visas that 
                        may be made available under section 203(a) to 
                        immigrants who are natives of the state or 
                        area, consistent with subsection (e).''; and
                            (ii) by striking subparagraphs (C) and (D); 
                        and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by adding ``and'' at 
                        the end;
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                            (iv) in the undesignated matter after 
                        paragraph (2), as redesignated, by striking ``, 
                        respectively,'' and all that follows and 
                        inserting a period.
            (3) Rules for determining whether certain aliens are 
        children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is 
        amended by striking ``(a)(2)(A)'' each place such term appears 
        and inserting ``(a)(2)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of such Act (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)(i), by striking 
                        ``to classification by reason of a relationship 
                        described in paragraph (1), (3), or (4) of 
                        section 203(a) or'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by redesignating 
                                the second subclause (I) as subclause 
                                (II); and
                                    (II) by striking ``203(a)(2)(A)'' 
                                each place such terms appear and 
                                inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``(a)(1)(B)(iii).'' and inserting ``an 
                        individual younger than 21 years of age for 
                        purposes of adjudicating such petition and for 
                        purposes of admission as an immediate relative 
                        under section 201(b)(2)(A)(i) or a family-
                        sponsored immigrant under section 203(a), as 
                        appropriate, notwithstanding the actual age of 
                        the individual.'';
                    (B) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3), as appropriate''; and
                    (C) by striking subsection (k).
            (5) Waivers of inadmissibility.--Section 212 of such Act (8 
        U.S.C. 1182) is amended--
                    (A) in subsection (a)(6)(E)(ii), by striking 
                ``section 203(a)(2)'' and inserting ``section 203(a)''; 
                and
                    (B) in subsection (d)(11), by striking ``(other 
                than paragraph (4) thereof)''.
            (6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
        of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking 
        ``section 203(a)(2)(A)'' each place such term appears and 
        inserting ``section 203(a)''.
            (7) Definition of alien spouse.--Section 216(h)(1)(C) of 
        such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
            (8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
        of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
    (d) Creation of Nonimmigrant Classification for Alien Parents of 
Adult United States Citizens.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) in subparagraph (T)(ii)(III), by striking the 
                period at the end and inserting a semicolon;
                    (B) in subparagraph (U)(iii), by striking ``or'' at 
                the end;
                    (C) in subparagraph (V)(ii)(II), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(W) Subject to section 214(s), an alien who is a parent 
        of a citizen of the United States, if the citizen is at least 
        21 years of age.''.
            (2) Conditions on admission.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following:
    ``(s)(1) The initial period of authorized admission for a 
nonimmigrant described in section 101(a)(15)(W) shall be five years, 
but may be extended by the Secretary of Homeland Security for 
additional five-year periods if the United States citizen son or 
daughter of the nonimmigrant is still residing in the United States.
    ``(2) A nonimmigrant described in section 101(a)(15)(W)--
            ``(A) is not authorized to be employed in the United 
        States; and
            ``(B) is not eligible for any Federal, State, or local 
        public benefit.
    ``(3) Regardless of the resources of a nonimmigrant described in 
section 101(a)(15)(W), the United States citizen son or daughter who 
sponsored the nonimmigrant parent shall be responsible for the 
nonimmigrant's support while the nonimmigrant resides in the United 
States.
    ``(4) An alien is ineligible to receive a visa or to be admitted 
into the United States as a nonimmigrant described in section 
101(a)(15)(W) unless the alien provides satisfactory proof that the 
United States citizen son or daughter has arranged for health insurance 
coverage for the alien, at no cost to the alien, during the anticipated 
period of the alien's residence in the United States.''.
    (e) Effective Date; Applicability.--
            (1) 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.
            (2) Invalidity of certain petitions and applications.--Any 
        petition under section 204 of the Immigration and Nationality 
        Act (8 U.S.C. 1154) seeking classification of an alien under a 
        family-sponsored immigrant category that was eliminated by the 
        amendments made by this section and filed after the date on 
        which this Act was introduced and any application for an 
        immigrant visa based on such a petition shall be considered 
        invalid.
                                 <all>

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