TITLE II:IMMIGRANT VISAS

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§ 2304 : WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS
a.

EMPLOYMENT-BASED IMMIGRANTS.— Section 201(d)(8 U.S.C. 1151(d)) is amended to read as follows:

d.

WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.—

1.

IN GENERAL.—

A.

WORLDWIDE LEVEL.—For a fiscal year after fiscal year 2015, the worldwide level of employment-based immigrants under this subsection is equal to the sum of—

i.

140,000; and

ii.

the number computed under paragraph (2).

B.

FISCAL YEAR 2015.—For fiscal year 2015, the worldwide level of employment-based immigrants under this subsection is equal to the sum of—

i.

140,000;

ii.

the number computed under paragraph (2); and

iii.

the number computed under paragraph (3).

2.

PREVIOUS FISCAL YEAR.—The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(a)(relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

3.

UNUSED VISAS.—The number computed under this paragraph is the difference, if any, between—

A.

the sum of the worldwide levels established under paragraph (1) [Schumer1], as in effect on the day before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, for fiscal years 1992 through and including 2013; and

B.

the number of visas actually issued under section 203(b)during such fiscal years.

b.

FAMILY-SPONSORED IMMIGRANTS.— Section 201(c)(8 U.S.C. 1151(c)) is amended to read as follows:

c.

WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.—

1.

IN GENERAL.—

A.

WORLDWIDE LEVEL.—Subject to subparagraph (C), for each fiscal year after fiscal year 2015, the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of—

i.

480,000 minus the number computed under paragraph (2); and

ii.

the number computed under paragraph (3).

B.

FISCAL YEAR 2015.—Subject to subparagraph (C), for fiscal year 2015, the worldwide level of family-sponsored immigrants under this subsection is equal to the sum of—

i.

480,000 minus the number computed under paragraph (2);

ii.

the number computed under paragraph (3); and

iii.

the number computed under paragraph (4).

C.

LIMITATION.—The number computed under subparagraph (A)(i) or (B)(i) may not be less than 226,000, except that beginning on the date that is 18 months after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the number computed under subparagraph (A)(i) or (B)(i) may not be less than 161,000.

2.

IMMEDIATE RELATIVES.—The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year.

3.

PREVIOUS FISCAL YEAR.—The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(b)(relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

4.

UNUSED VISAS.—The number computed under this paragraph is the difference, if any, between—

A.

the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through and including 2013; and

B.

the number of visas actually issued under section 203(a)during such fiscal years.

c.

EFFECTIVE DATE.—The amendments made by this [Flake3/Schumer]section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.