H. Rept. 112-292 - 112th Congress (2011-2012)
November 18, 2011, As Reported by the Judiciary Committee

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House Report 112-292 - FAIRNESS FOR HIGH-SKILLED IMMIGRANTS ACT OF 2011




[House Report 112-292]
[From the U.S. Government Printing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-292

======================================================================

 
            FAIRNESS FOR HIGH-SKILLED IMMIGRANTS ACT OF 2011
                                _______
                                

 November 18, 2011.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3012]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3012) to amend the Immigration and Nationality Act 
to eliminate the per-country numerical limitation for 
employment-based immigrants, to increase the per-country 
numerical limitation for family-sponsored immigrants, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     7
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fairness for High-Skilled Immigrants 
Act of 2011''.

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), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
          (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
  (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2011, and shall apply to fiscal 
years beginning with fiscal year 2012.
  (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 2012, 15 percent of the immigrant 
                visas made available under each of paragraphs (2) and 
                (3) 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 was not one of the 
                two states with the largest aggregate numbers of 
                natives obtaining immigrant visas during fiscal year 
                2010 under such paragraphs.
                  (B) For fiscal year 2013, 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 was not one of the 
                two states with the largest aggregate numbers of 
                natives obtaining immigrant visas during fiscal year 
                2011 under such paragraphs.
                  (C) For fiscal year 2014, 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 was not one of the 
                two states with the largest aggregate numbers of 
                natives obtaining immigrant visas during fiscal year 
                2012 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) and 
                (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) 
                and not reserved under paragraph (1), for each of 
                fiscal years 2012, 2013, and 2014, 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 2012, 2013, or 2014, 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) 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.

                          Purpose and Summary

    The bill eliminates the per-country numerical limitation 
for employment-based immigrant visas and increases the per-
country numerical limitation for family-sponsored immigrant 
visas.

                Background and Need for the Legislation

    The Immigration and Nationality Act generally provides that 
the total number of family-sponsored and employment-based 
immigrant visas made available to natives of any single foreign 
country in a year cannot exceed 7% of the total number of such 
visas made available in that year.\1\
---------------------------------------------------------------------------
    \1\See INA sec. 202(a)(2). In addition, the total number made 
available to natives of any single dependent area (a colony or other 
component or dependent area of a foreign state overseas from the 
foreign state) cannot exceed 2%. See INA sec. 202(c).
---------------------------------------------------------------------------
    Since the annual numerical limits on the employment-based 
first preference category (aliens with extraordinary ability, 
outstanding professors and researchers and certain 
multinational executives and managers),\2\ second preference 
category (members of the professions holding advanced degrees 
and aliens of exceptional ability)\3\ and third preference 
category (skilled workers, professionals with bachelor's 
degrees and unskilled workers)\4\ are 40,040 each, natives of 
each country are limited to no more than 2,803 green cards per 
year per category.
---------------------------------------------------------------------------
    \2\See INA sec. 203(b)(1).
    \3\See INA sec. 203(b)(2).
    \4\See INA sec. 203(b)(3).
---------------------------------------------------------------------------
    There are a number of modifications to this general rule. 
Among these are that if the total number of statutorily-
available immigrant visas in each of the five employment-based 
preference categories in a calendar quarter exceed the total 
number of aliens who may be issued such visas in that quarter 
pursuant to the operation of the per-country cap, then the 
visas can be issued without regard to the per-country cap for 
the rest of that calendar quarter.\5\ For this reason, natives 
of India received 31,118 employment-based immigrant visas in 
2010 and natives of the People's Republic of China received 
17,949, rather than the 9,800 that 7% of the 140,000 available 
employment-based immigrant visas would represent.\6\
---------------------------------------------------------------------------
    \5\See INA sec. 202(a)(5)(A).
    \6\See U.S. Department of Homeland Security, 2010 Yearbook of 
Immigration Statistics (2011)(table 10).
---------------------------------------------------------------------------
    Because of annual caps on employment-based immigrant visas, 
the population size of certain countries and the large number 
of natives of those countries for whom employers have 
petitioned for employment-based immigrant visas, the time it 
takes for visas to be become available to natives of those 
countries may be much longer than it takes for natives of other 
countries:

        
 LFor instance, in the employment-based second 
        preference category, immigrant visas are now 
        immediately available to applicants from most 
        countries. However, for natives of China and India, 
        they are only available to aliens with priority dates 
        of on or before November 1, 2007.

        
 LIn the employment-based third preference 
        category, immigrant visas are now available to 
        applicants from most countries with priority dates of 
        on or before December 22, 2005, but for natives of 
        China, they are only available to aliens with priority 
        dates of on or before August 22, 2004, and for natives 
        of India--July 22, 2002.\7\
---------------------------------------------------------------------------
    \7\See U.S. Department of State, Bureau of Consular Affairs, Visa 
Bulletin, num. 38 vol. IX. (for Nov. 2011).

    These disparities are likely to increase in the future. Of 
the 108,250 aliens who had approved petitions for third 
preference green cards when the current State Department visa 
bulletin (November 2011) was calculated, 53,650 were from 
India.\8\
---------------------------------------------------------------------------
    \8\Information provided by U.S. Department of State.
---------------------------------------------------------------------------
    Similar per-country caps exist to the family-sponsored 
immigrant visa categories.\9\ These are 1) unmarried sons and 
daughters of citizens,\10\ 2) spouses and unmarried sons and 
daughters of permanent resident aliens,\11\ 3) married sons and 
daughters of citizens,\12\ and 4) siblings of citizens.\13\ 
That is why natives of most countries who are siblings of U.S. 
citizens with priority dates of on or before June 15, 2000, 
have visas available, while siblings from Mexico only have 
visas available if they have priority dates of on or before 
April 22, 1996, and siblings from the Philippines only have 
visas available if they have priority dates of on or before 
August 22, 1988.\14\
---------------------------------------------------------------------------
    \9\See INA sec. 202(a)(2). However, the cap does not fully apply to 
the spouses and children of permanent residents. See INA sec. 
202(a)(4).
    \10\See INA sec. 203(a)(1).
    \11\See INA sec. 203(a)(2).
    \12\See INA sec. 203(a)(3).
    \13\See INA sec. 203(a)(4).
    \14\See Visa Bulletin.
---------------------------------------------------------------------------
    It makes little sense for American employers who seek 
immigrant visas for skilled foreign workers to have to wait 
longer just because the workers are from India or China. 
Employers have already proven to the Labor Department through 
the labor certification process that they need these workers, 
that qualified Americans are not available and that American 
workers will not be harmed (or the process has been waived in 
the national interest).\15\ As the high-skilled foreign worker 
advocacy organization Immigration Voice states, ``the country 
of origin does not affect the immigrants' ability to contribute 
to the economy and the employer. Employment-based immigration 
is driven by U.S. employers seeking to fill positions for which 
they cannot find qualified, willing and able Americans.''\16\
---------------------------------------------------------------------------
    \15\See INA secs. 202(b)(2)(B)(i), 212(a)(5).
    \16\See Immigration Voice website.
---------------------------------------------------------------------------
    Consequently, the bill eliminates the employment-based 
immigrant visa per-country cap entirely by fiscal year 2015. It 
also raises the family-sponsored immigrant visa per-country cap 
from 7% to 15%.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3012.

                        Committee Consideration

    On October 27, 2011, the Committee met in open session and 
ordered the bill H.R. 3012 favorably reported with an amendment 
by a voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call vote occurred during the Committee's 
consideration of H.R. 3012.
    1. An amendment by Mr. King that would have removed the 
bill's increase in the family-sponsored immigrant visa per-
country cap was defeated by a vote of 6 to 23.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chairman.............................................                              X
Mr. Sensenbrenner, Jr...........................................                              X
Mr. Coble.......................................................                              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Lungren.....................................................                              X
Mr. Chabot......................................................
Mr. Issa........................................................                              X
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................                              X
Mr. Poe.........................................................
Mr. Chaffetz....................................................                              X
Mr. Griffin.....................................................                              X
Mr. Marino......................................................                              X
Mr. Gowdy.......................................................
Mr. Ross........................................................                              X
Ms. Adams.......................................................                              X
Mr. Quayle......................................................              X
Mr. Amodei......................................................                              X
Mr. Conyers, Jr., Ranking Member................................                              X
Mr. Berman......................................................
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Mr. Pierluisi...................................................
Mr. Quigley.....................................................                              X
Ms. Chu.........................................................                              X
Mr. Deutch......................................................
Ms. Sanchez.....................................................                              X
(Vacant)........................................................
                                                                 -----------------------------------------------
    Total.......................................................              6              23
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3012, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 17, 2011.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3012, the 
``Fairness for High-Skilled Immigrants Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3012--Fairness for High-Skilled Immigrants Act.



As ordered reported by the House Committee on the Judiciary on 
                        October 27, 2011




    CBO estimates that implementing H.R. 3012 would have no 
significant budgetary impact. Enacting the bill could affect 
direct spending and revenues; therefore, pay-as-you-go 
procedures apply. However, CBO estimates that any effects would 
be insignificant for each year.
    Under current law, the number of family-sponsored and 
employment-based immigrant visas available to natives of a 
foreign country in each year generally cannot exceed 7 percent 
of the total number of such visas made available in that year. 
H.R. 3012 would raise the per-country limitation from 7 percent 
to 15 percent of the total number of family-sponsored visas and 
would remove this limitation for employment-based visas.
    The bill would not affect the existing caps on the total 
number of family-sponsored and employment-based visas that can 
be issued in each year. Those caps have been reached in recent 
years, and CBO expects that trend to continue; so we anticipate 
that the bill would not significantly affect the number of 
immigrants entering the United States. Thus, we estimate that 
the net effects on adjudication fees collected as offsetting 
receipts and spent by the Department of Homeland Security would 
not be significant in any year. CBO also estimates that 
enacting H.R. 3012 would have insignificant net effects on visa 
fees collected as revenues by the Department of State.
    H.R. 3012 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3012 eliminates the per-country numerical limitation for 
employment-based immigrant visas and increases the per-country 
numerical limitation for family-sponsored immigrant visas.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3012 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

Sec. 1. Short Title
Sec. 2. Numerical Limitation to any Single Foreign State
    Subsection (a) eliminates the per-country cap for 
employment-based immigrant visas and raises the per-country cap 
for family-sponsored immigrant visas to 15%.
    Subsection (b) makes conforming amendments.
    Subsection (c) makes a conforming change to the Chinese 
Student Protection Act of 1992.
    Subsection (d) provides that the amendments made by the 
bill will take place as if enacted on September 30, 2011, and 
shall apply beginning in fiscal year 2012.
    Subsection (e) provides transition rules. Paragraph (1) 
provides a three-year transition period for employment-based 
second and third preference (EB-2 and EB-3) immigrant visas. 
During fiscal year 2012, 15% of EB-2 and EB-3 immigrant visas 
are reserved for natives of countries other than the top two 
countries in terms of visa receipts by natives in those 
categories in fiscal year 2010. During 2013 and 2014, 10% of 
EB-2 and EB-3 visas are reserved in each category for natives 
of countries other than the top two in terms of visa receipts 
by natives in those categories two years previously.
    Paragraph (2) of subsection (e) sets out rules for the 
distribution of the reserved and unreserved visas set under 
paragraph (1):

        
 LReserved Visas: Natives of no single country 
        can take more than 25% of the reserved visas.

        
 LUnreserved Visas: Natives of no single 
        country can take more than 85% of the unreserved visas, 
        ensuring that the second-largest user of such visas can 
        receive at least 15% of the unreserved visas.

    Paragraph (3) of subsection (e) allows the State Department 
to issue visas notwithstanding the above transition rules if 
such rules would result in immigrant visas going unused.
    Paragraph (4) of subsection (e) clarifies that the current 
chargeability rules in the Immigration and Nationality Act 
apply to visas issued during the transition period.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


            NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE

    Sec. 202. (a) Per Country Level.--
            (1) * * *
            (2) Per country levels for family-sponsored [and 
        employment-based] immigrants.--Subject to paragraphs 
        [(3), (4), and (5),] (3) and (4), the total number of 
        immigrant visas made available to natives of any single 
        foreign state or dependent area under [subsections (a) 
        and (b) of section 203] section 203(a) in any fiscal 
        year may not exceed [7] 15 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 made 
        available under [such subsections] such section in that 
        fiscal year.
            (3) Exception if additional visas available.--If 
        because of the application of paragraph (2) with 
        respect to one or more foreign states or dependent 
        areas, the total number of visas available under [both 
        subsections (a) and (b) of section 203] section 203(a) 
        for a calendar quarter exceeds the number of qualified 
        immigrants who otherwise may be issued such a visa, 
        paragraph (2) shall not apply to visas made available 
        to such states or areas during the remainder of such 
        calendar quarter.

           *       *       *       *       *       *       *

            [(5) Rules for employment-based immigrants.--
                    [(A) Employment-based immigrants not 
                subject to per country limitation if additional 
                visas available.--If the total number of visas 
                available under paragraph (1), (2), (3), (4), 
                or (5) of section 203(b) for a calendar quarter 
                exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas 
                made available under that paragraph shall be 
                issued without regard to the numerical 
                limitation under paragraph (2) of this 
                subsection during the remainder of the calendar 
                quarter.
                    [(B) Limiting fall across for certain 
                countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, if the total 
                number of visas issued under section 203(b) 
                exceeds the maximum number of visas that may be 
                made available to immigrants of the state or 
                area under section 203(b) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying subsection (e) all 
                visas shall be deemed to have been required for 
                the classes of aliens specified in section 
                203(b).]

           *       *       *       *       *       *       *

    [(e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 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 subsections (a) and (b) of 
section 203, 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--
            [(1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d);
            [(2) 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), 
        and
            [(3) except as provided in subsection (a)(5), the 
        proportion of the visa numbers made available under 
        each of paragraphs (1) through (5) of section 203(b) 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(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section 203(a)(2)(A) pursuant to 
subsection (a)(4)(A).]
    (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).

           *       *       *       *       *       *       *

                              ----------                              


                 CHINESE STUDENT PROTECTION ACT OF 1992



           *       *       *       *       *       *       *
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Subject to subsection (c)(1), whenever an 
alien described in subsection (b) applies for adjustment of 
status under section 245 of the Immigration and Nationality Act 
during the application period (as defined in [subsection (e))] 
subsection (d)) the following rules shall apply with respect to 
such adjustment:
            (1) * * *

           *       *       *       *       *       *       *

    [(d) Offset in Per Country Numerical Level.--
            [(1) In general.--The numerical level under section 
        202(a)(2) of the Immigration and Nationality Act 
        applicable to natives of the People's Republic of China 
        in each applicable fiscal year (as defined in paragraph 
        (3)) shall be reduced by 1,000.
            [(2) Allotment if section 202(e) applies.--If 
        section 202(e) of the Immigration and Nationality Act 
        is applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                    [(A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(3)(A)(i) of such Act in that year, and
                    [(B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
            [(3) Applicable fiscal year.--
                    [(A) In general.--In this subsection, the 
                term ``applicable fiscal year'' means each 
                fiscal year during the period--
                            [(i) beginning with the fiscal year 
                        in which the application period begins; 
                        and
                            [(ii) ending with the first fiscal 
                        year by the end of which the cumulative 
                        number of aliens counted for all fiscal 
                        years under subparagraph (B) equals or 
                        exceeds the total number of aliens 
                        whose status has been adjusted under 
                        section 245 of the Immigration and 
                        Nationality Act pursuant to subsection 
                        (a).
                    [(B) Number counted each year.--The number 
                counted under this subparagraph for a fiscal 
                year (beginning during or after the application 
                period) is 1,000, plus the number (if any) by 
                which (i) the immigration level under section 
                202(a)(2) of the Immigration and Nationality 
                Act for the People's Republic of China in the 
                fiscal year (as reduced under this subsection), 
                exceeds (ii) the number of aliens who were 
                chargeable to such level in the year.]
    [(e)] (d) Application Period Defined.--In this section, the 
term ``application period'' means the 12-month period beginning 
July 1, 1993.