,,ii #aafth ,,congress #ast ,session ,s4 #chf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjai,mr4 ,lee 7for himself1 ,ms4 ,harris1 ,mr4 ,cramer1 ,mr4 ,blunt1 ,ms4 ,collins1 ,mr4 ,moran1 ,mr4 ,carper1 ,mr4 ,wyden1 ,ms4 ,cantwell1 ,mr4 ,gardner1 ,mr4 ,cotton1 ,ms4 ,baldwin1 ,mr4 ,merkley1 ,mr4 ,bennet1 and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to eliminate the per-country numerical limitation for employment-based immigrants1 to increase the per-country numerical limitation for family-sponsored immigrants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fairness for ,high-,skilled ,immigrants ,act of #bjai4 #b4 ,numerical limitation to any single foreign state 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended to read as follows3 7#b7 ,per country levels for family-sponsored immigrants ,subject to paragraphs 7#c7 and 7#d71 the total number of immigrant visas made available to natives of any single foreign state or dependent area under section #bjc7;a7 in any fiscal year may not exceed #ae percent 7in the case of a single foreign state7 or #b percent 7in the case of a dependent area7 of the total number of such visas made available under such section in that fiscal year4 4 7b7 ,conforming amendments ,section #bjb of such ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 immigrant visas shall be allotted to such natives under section #bjc7;a7 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visas made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section #bjc7;a74 4 7c7 ,country-,specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking 7as defined in subsection 7e772 7#b7 by striking subsection 7d72 and 7#c7 by redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect as if enacted on ,september #cj1 #bjai1 and shall apply to fiscal year #bjbj and each subsequent fiscal year4 7e7 ,transition rules for employment-,based immigrants 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#e71 and notwithstanding title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq471 the following rules shall apply3 7,a7 ,for fiscal year #bjbj1 #ae percent of the immigrant visas made available under each of paragraphs 7#b7 and 7#c7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 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 obtaining immigrant visas under such paragraphs4 7,b7 ,for fiscal year #bjba1 #aj 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 obtaining immigrant visas under such paragraphs4 7,c7 ,for fiscal year #bjbb1 #aj 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 obtaining immigrant visas under such paragraphs4 7#b7 ,per-country levels 7,a7 ,reserved visas ,the number of visas reserved under each of subparagraphs 7,a7 through 7,c7 of paragraph 7#a7 made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed #be percent 7in the case of a single foreign state7 or #b percent 7in the case of a dependent area7 of the total number of such visas4 7,b7 ,unreserved visas ,not more than #he percent of the immigrant visas made available under each of paragraphs 7#b7 and 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 and not reserved under paragraph 7#a71 for each of the fiscal years #bjbj1 #bjba1 and #bjbb1 may be allotted to immigrants who are natives of any single foreign state4 7#c7 ,special rule to prevent unused visas ,if1 with respect to fiscal year #bjbj1 #bjba1 or #bjbb1 the application of paragraphs 7#a7 and 7#b7 would prevent the total number of immigrant visas made available under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 from being issued1 such visas may be issued during the remainder of such fiscal year without regard to paragraphs 7#a7 and 7#b74 7#d7 ,transition rule for currently approved beneficiaries 7,a7 ,in general ,notwithstanding section #bjb of the ,immigration and ,nationality ,act1 as amended by this ,act1 immigrant visas under section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 shall be allocated such that no alien described in subparagraph 7,b7 receives a visa later than the alien otherwise would have received said visa had this ,act not been enacted4 7,b7 ,alien described ,an alien is described in this subparagraph if the alien is the beneficiary of a petition for an immigrant visa under section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 that was approved prior to the date of enactment of this ,act4 7#e7 ,rules for chargeability ,section #bjb7;b7 of such ,act 7#h ,u4,s4,c4 #aaeb7;b77 shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection4