S.Amdt. 1963

SA 1963. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

[[Page S1045]]

SEC. __. PER-COUNTRY NUMERICAL LIMITATIONS AND ADJUSTMENT OF
STATUS.

(a) Modification of Per-country Numerical Limitations.--
(1) In general.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as
follows:
``(2) Per country levels for family-sponsored immigrants.--
Subject to paragraphs (3) and (4), the total number of
immigrant visas made available to natives of any single
foreign state or dependent area under section 203(a) in any
fiscal year may not exceed 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 section in that fiscal year.''.
(2) Conforming amendments.--Section 202 of such Act (8
U.S.C. 1152) is amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``both subsections (a)
and (b) of section 203'' and inserting ``section 203(a)'';
and
(ii) by striking paragraph (5); and
(B) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If 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, the number of visas for natives of
that state or area shall be allocated under section 203(a) 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).''.
(3) Country-specific offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(A) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(B) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(4) Effective date.--The amendments made by this subsection
shall take effect as if enacted on October 1, 2017, and shall
apply to fiscal years beginning with fiscal year 2018.
(b) Adjustment of Status for Employment-based Immigrants.--
Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
``(n) Adjustment of Status for Employment Based
Immigrants.--
``(1) Petition.--Any alien, and any eligible dependent of
such alien, who has an approved petition for immigrant
status, may file an application with the Secretary of
Homeland Security for adjustment of status regardless of
whether an immigrant visa is immediately available at the
time the application is filed.
``(2) Supplemental fee.--If a visa is not immediately
available at the time an application is filed under paragraph
(1), the beneficiary of such application shall pay a
supplemental fee of $500, which shall be deposited into the
H-1B Nonimmigrant Petitioner Account established under
section 286(s). This fee shall not be collected from any
dependent accompanying or following to join such beneficiary.
``(3) Availability.--An application filed under this
subsection may not be approved until the date on which an
immigrant visa becomes available.''.
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