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H.R.3012 passed the House on November 29, 2011, and was read in
the Senate and placed on its calendar on December 17, 2011. It is
not clear when it will be debated and voted on in the Senate. There
are 3 related bills in the Senate, two of which have the same bill
title and were introduced by Senator Mike Lee of Utah (S.1857) and
Senator Charles Schumer of New York (S.1983).
The version passed by the House amends the Immigration and
Nationality Act to: (1) eliminate the per country numerical
limitation for employment-based immigrants, and (2) increase the
per country numerical limitation for family based immigrants from
7% to 15% of the total number of family-sponsored visas. It also
amends the Chinese Student Protection Act of 1992 to eliminate the
provision requiring the reduction of annual Chinese (PRC) immigrant
visas to offset status adjustments under that Act.
It provides a transition period for employment-based second and
third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012,
15% of such visas allotted to natives of countries other than the
two countries with the largest aggregate numbers of natives
obtaining such visas in FY2010; (2) for FY2013, 10% of such visas
allotted in each category to natives of countries other than the
two with the largest aggregate numbers of natives obtaining such
visas in FY2011; and (3) for FY2014, 10% of such visas allotted in
each category to natives of countries other than the two with the
largest aggregate numbers of natives obtaining such visas in
FY2012.
The bill also contains the following "per country"
distribution rules: (1) for transition period visas, no more than
25% of the total number of EB-2 and EB-3 visas for natives of a
single country; and (2) for non-transition period visas, no more
than 85% of EB-2 and EB-3 visas for natives of a single
country.
Finally, the bill provides that the amendments made by the Act
will take place as if enacted on September 30, 2011, and shall
apply beginning in FY2012.
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