S.Amdt. 1965

SA 1965. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S1046]]

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:

SEC. __. FAIRNESS FOR HIGH-SKILLED IMMIGRANTS.

(a) Short Title.--This section may be cited as the
``Fairness for High-Skilled Immigrants Act of 2018''.
(b) Numerical Limitation to Any Single Foreign State.--
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.''.
(c) Conforming Amendments.--Section 202 of such Act (8
U.S.C. 1152) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both subsections (a)
and (b) of section 203'' and inserting ``section 203(a)'';
and
(B) by striking paragraph (5); and
(2) 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, immigrant visas shall be allotted
to such natives under section 203(a) (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 visas made available
under each of paragraphs (1) through (4) of section 203(a) is
equal to the ratio of the total visas made available under
the respective paragraph to the total visas made available
under section 203(a).''.
(d) 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 ``(as defined in
subsection (e))'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(e) Effective Date.--The amendments made by subsections (b)
through (d) shall take effect on September 30, 2018, and
shall apply to fiscal year 2019 and to each subsequent fiscal
year.
(f) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to paragraphs (2) through (4), 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 2019, 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 1 of the 2 states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2015 under such paragraphs.
(B) For fiscal year 2020, 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 1 of the 2 states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2016 under such paragraphs.
(C) For fiscal year 2021, 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 1 of the 2 states with the
largest aggregate numbers of natives obtaining immigrant
visas during fiscal year 2017 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--The number of visas reserved under
each of subparagraphs (A) through (C) of paragraph (1) 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.--Not more than 85 percent of the
immigrant visas made available under each of paragraphs (2)
and (3) of section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1),
for each of the fiscal years 2017, 2018, and 2019, may 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 2017, 2018, or 2019, the application of
paragraphs (1) and (2) would prevent the total number of
immigrant visas made available under paragraph (2) or (3) of
section 203(b) of the Immigration and Nationality 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).
(4) Rules for chargeability.--Section 202(b) of the
Immigration and Nationality 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. -
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