[House Report 112-292]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-292
======================================================================
FAIRNESS FOR HIGH-SKILLED IMMIGRANTS ACT OF 2011
_______
November 18, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3012]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3012) to amend the Immigration and Nationality Act
to eliminate the per-country numerical limitation for
employment-based immigrants, to increase the per-country
numerical limitation for family-sponsored immigrants, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for High-Skilled Immigrants
Act of 2011''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections (a)
and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that 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, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (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
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).''.
(c) 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 ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2011, and shall apply to fiscal
years beginning with fiscal year 2012.
(e) Transition Rules for Employment-based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of this
subsection 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 2012, 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 one of the
two states with the largest aggregate numbers of
natives obtaining immigrant visas during fiscal year
2010 under such paragraphs.
(B) For fiscal year 2013, 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 one of the
two states with the largest aggregate numbers of
natives obtaining immigrant visas during fiscal year
2011 under such paragraphs.
(C) For fiscal year 2014, 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 one of the
two states with the largest aggregate numbers of
natives obtaining immigrant visas during fiscal year
2012 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas 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.--With respect to 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))
and not reserved under paragraph (1), for each of
fiscal years 2012, 2013, and 2014, not more than 85
percent shall 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 2012, 2013, or 2014, the operation of paragraphs
(1) and (2) of this subsection would prevent the total number
of immigrant visas made available under paragraph (2) or (3) of
section 203(b) of such 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) of this
subsection.
(4) Rules for chargeability.--Section 202(b) of such 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.
Purpose and Summary
The bill eliminates the per-country numerical limitation
for employment-based immigrant visas and increases the per-
country numerical limitation for family-sponsored immigrant
visas.
Background and Need for the Legislation
The Immigration and Nationality Act generally provides that
the total number of family-sponsored and employment-based
immigrant visas made available to natives of any single foreign
country in a year cannot exceed 7% of the total number of such
visas made available in that year.\1\
---------------------------------------------------------------------------
\1\See INA sec. 202(a)(2). In addition, the total number made
available to natives of any single dependent area (a colony or other
component or dependent area of a foreign state overseas from the
foreign state) cannot exceed 2%. See INA sec. 202(c).
---------------------------------------------------------------------------
Since the annual numerical limits on the employment-based
first preference category (aliens with extraordinary ability,
outstanding professors and researchers and certain
multinational executives and managers),\2\ second preference
category (members of the professions holding advanced degrees
and aliens of exceptional ability)\3\ and third preference
category (skilled workers, professionals with bachelor's
degrees and unskilled workers)\4\ are 40,040 each, natives of
each country are limited to no more than 2,803 green cards per
year per category.
---------------------------------------------------------------------------
\2\See INA sec. 203(b)(1).
\3\See INA sec. 203(b)(2).
\4\See INA sec. 203(b)(3).
---------------------------------------------------------------------------
There are a number of modifications to this general rule.
Among these are that if the total number of statutorily-
available immigrant visas in each of the five employment-based
preference categories in a calendar quarter exceed the total
number of aliens who may be issued such visas in that quarter
pursuant to the operation of the per-country cap, then the
visas can be issued without regard to the per-country cap for
the rest of that calendar quarter.\5\ For this reason, natives
of India received 31,118 employment-based immigrant visas in
2010 and natives of the People's Republic of China received
17,949, rather than the 9,800 that 7% of the 140,000 available
employment-based immigrant visas would represent.\6\
---------------------------------------------------------------------------
\5\See INA sec. 202(a)(5)(A).
\6\See U.S. Department of Homeland Security, 2010 Yearbook of
Immigration Statistics (2011)(table 10).
---------------------------------------------------------------------------
Because of annual caps on employment-based immigrant visas,
the population size of certain countries and the large number
of natives of those countries for whom employers have
petitioned for employment-based immigrant visas, the time it
takes for visas to be become available to natives of those
countries may be much longer than it takes for natives of other
countries:
LFor instance, in the employment-based second
preference category, immigrant visas are now
immediately available to applicants from most
countries. However, for natives of China and India,
they are only available to aliens with priority dates
of on or before November 1, 2007.
LIn the employment-based third preference
category, immigrant visas are now available to
applicants from most countries with priority dates of
on or before December 22, 2005, but for natives of
China, they are only available to aliens with priority
dates of on or before August 22, 2004, and for natives
of India--July 22, 2002.\7\
---------------------------------------------------------------------------
\7\See U.S. Department of State, Bureau of Consular Affairs, Visa
Bulletin, num. 38 vol. IX. (for Nov. 2011).
These disparities are likely to increase in the future. Of
the 108,250 aliens who had approved petitions for third
preference green cards when the current State Department visa
bulletin (November 2011) was calculated, 53,650 were from
India.\8\
---------------------------------------------------------------------------
\8\Information provided by U.S. Department of State.
---------------------------------------------------------------------------
Similar per-country caps exist to the family-sponsored
immigrant visa categories.\9\ These are 1) unmarried sons and
daughters of citizens,\10\ 2) spouses and unmarried sons and
daughters of permanent resident aliens,\11\ 3) married sons and
daughters of citizens,\12\ and 4) siblings of citizens.\13\
That is why natives of most countries who are siblings of U.S.
citizens with priority dates of on or before June 15, 2000,
have visas available, while siblings from Mexico only have
visas available if they have priority dates of on or before
April 22, 1996, and siblings from the Philippines only have
visas available if they have priority dates of on or before
August 22, 1988.\14\
---------------------------------------------------------------------------
\9\See INA sec. 202(a)(2). However, the cap does not fully apply to
the spouses and children of permanent residents. See INA sec.
202(a)(4).
\10\See INA sec. 203(a)(1).
\11\See INA sec. 203(a)(2).
\12\See INA sec. 203(a)(3).
\13\See INA sec. 203(a)(4).
\14\See Visa Bulletin.
---------------------------------------------------------------------------
It makes little sense for American employers who seek
immigrant visas for skilled foreign workers to have to wait
longer just because the workers are from India or China.
Employers have already proven to the Labor Department through
the labor certification process that they need these workers,
that qualified Americans are not available and that American
workers will not be harmed (or the process has been waived in
the national interest).\15\ As the high-skilled foreign worker
advocacy organization Immigration Voice states, ``the country
of origin does not affect the immigrants' ability to contribute
to the economy and the employer. Employment-based immigration
is driven by U.S. employers seeking to fill positions for which
they cannot find qualified, willing and able Americans.''\16\
---------------------------------------------------------------------------
\15\See INA secs. 202(b)(2)(B)(i), 212(a)(5).
\16\See Immigration Voice website.
---------------------------------------------------------------------------
Consequently, the bill eliminates the employment-based
immigrant visa per-country cap entirely by fiscal year 2015. It
also raises the family-sponsored immigrant visa per-country cap
from 7% to 15%.
Hearings
The Committee on the Judiciary held no hearings on H.R.
3012.
Committee Consideration
On October 27, 2011, the Committee met in open session and
ordered the bill H.R. 3012 favorably reported with an amendment
by a voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call vote occurred during the Committee's
consideration of H.R. 3012.
1. An amendment by Mr. King that would have removed the
bill's increase in the family-sponsored immigrant visa per-
country cap was defeated by a vote of 6 to 23.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chairman............................................. X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Lungren..................................................... X
Mr. Chabot......................................................
Mr. Issa........................................................ X
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe.........................................................
Mr. Chaffetz.................................................... X
Mr. Griffin..................................................... X
Mr. Marino...................................................... X
Mr. Gowdy.......................................................
Mr. Ross........................................................ X
Ms. Adams....................................................... X
Mr. Quayle...................................................... X
Mr. Amodei...................................................... X
Mr. Conyers, Jr., Ranking Member................................ X
Mr. Berman......................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Pierluisi...................................................
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Deutch......................................................
Ms. Sanchez..................................................... X
(Vacant)........................................................
-----------------------------------------------
Total....................................................... 6 23
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3012, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 17, 2011.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3012, the
``Fairness for High-Skilled Immigrants Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3012--Fairness for High-Skilled Immigrants Act.
As ordered reported by the House Committee on the Judiciary on
October 27, 2011
CBO estimates that implementing H.R. 3012 would have no
significant budgetary impact. Enacting the bill could affect
direct spending and revenues; therefore, pay-as-you-go
procedures apply. However, CBO estimates that any effects would
be insignificant for each year.
Under current law, the number of family-sponsored and
employment-based immigrant visas available to natives of a
foreign country in each year generally cannot exceed 7 percent
of the total number of such visas made available in that year.
H.R. 3012 would raise the per-country limitation from 7 percent
to 15 percent of the total number of family-sponsored visas and
would remove this limitation for employment-based visas.
The bill would not affect the existing caps on the total
number of family-sponsored and employment-based visas that can
be issued in each year. Those caps have been reached in recent
years, and CBO expects that trend to continue; so we anticipate
that the bill would not significantly affect the number of
immigrants entering the United States. Thus, we estimate that
the net effects on adjudication fees collected as offsetting
receipts and spent by the Department of Homeland Security would
not be significant in any year. CBO also estimates that
enacting H.R. 3012 would have insignificant net effects on visa
fees collected as revenues by the Department of State.
H.R. 3012 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
3012 eliminates the per-country numerical limitation for
employment-based immigrant visas and increases the per-country
numerical limitation for family-sponsored immigrant visas.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3012 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Sec. 1. Short Title
Sec. 2. Numerical Limitation to any Single Foreign State
Subsection (a) eliminates the per-country cap for
employment-based immigrant visas and raises the per-country cap
for family-sponsored immigrant visas to 15%.
Subsection (b) makes conforming amendments.
Subsection (c) makes a conforming change to the Chinese
Student Protection Act of 1992.
Subsection (d) provides that the amendments made by the
bill will take place as if enacted on September 30, 2011, and
shall apply beginning in fiscal year 2012.
Subsection (e) provides transition rules. Paragraph (1)
provides a three-year transition period for employment-based
second and third preference (EB-2 and EB-3) immigrant visas.
During fiscal year 2012, 15% of EB-2 and EB-3 immigrant visas
are reserved for natives of countries other than the top two
countries in terms of visa receipts by natives in those
categories in fiscal year 2010. During 2013 and 2014, 10% of
EB-2 and EB-3 visas are reserved in each category for natives
of countries other than the top two in terms of visa receipts
by natives in those categories two years previously.
Paragraph (2) of subsection (e) sets out rules for the
distribution of the reserved and unreserved visas set under
paragraph (1):
LReserved Visas: Natives of no single country
can take more than 25% of the reserved visas.
LUnreserved Visas: Natives of no single
country can take more than 85% of the unreserved visas,
ensuring that the second-largest user of such visas can
receive at least 15% of the unreserved visas.
Paragraph (3) of subsection (e) allows the State Department
to issue visas notwithstanding the above transition rules if
such rules would result in immigrant visas going unused.
Paragraph (4) of subsection (e) clarifies that the current
chargeability rules in the Immigration and Nationality Act
apply to visas issued during the transition period.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. (a) Per Country Level.--
(1) * * *
(2) Per country levels for family-sponsored [and
employment-based] immigrants.--Subject to paragraphs
[(3), (4), and (5),] (3) and (4), the total number of
immigrant visas made available to natives of any single
foreign state or dependent area under [subsections (a)
and (b) of section 203] section 203(a) in any fiscal
year may not exceed [7] 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 subsections] such section in that
fiscal year.
(3) Exception if additional visas available.--If
because of the application of paragraph (2) with
respect to one or more foreign states or dependent
areas, the total number of visas available under [both
subsections (a) and (b) of section 203] section 203(a)
for a calendar quarter exceeds the number of qualified
immigrants who otherwise may be issued such a visa,
paragraph (2) shall not apply to visas made available
to such states or areas during the remainder of such
calendar quarter.
* * * * * * *
[(5) Rules for employment-based immigrants.--
[(A) Employment-based immigrants not
subject to per country limitation if additional
visas available.--If the total number of visas
available under paragraph (1), (2), (3), (4),
or (5) of section 203(b) for a calendar quarter
exceeds the number of qualified immigrants who
may otherwise be issued such visas, the visas
made available under that paragraph shall be
issued without regard to the numerical
limitation under paragraph (2) of this
subsection during the remainder of the calendar
quarter.
[(B) Limiting fall across for certain
countries subject to subsection (e).--In the
case of a foreign state or dependent area to
which subsection (e) applies, if the total
number of visas issued under section 203(b)
exceeds the maximum number of visas that may be
made available to immigrants of the state or
area under section 203(b) consistent with
subsection (e) (determined without regard to
this paragraph), in applying subsection (e) all
visas shall be deemed to have been required for
the classes of aliens specified in section
203(b).]
* * * * * * *
[(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under subsections (a) and (b) of section 203 to
natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2)
in any fiscal year, in determining the allotment of immigrant
visa numbers to natives under subsections (a) and (b) of
section 203, visa numbers with respect to natives of that state
or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a
manner so that--
[(1) the ratio of the visa numbers made available
under section 203(a) to the visa numbers made available
under section 203(b) is equal to the ratio of the
worldwide level of immigration under section 201(c) to
such level under section 201(d);
[(2) 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),
and
[(3) except as provided in subsection (a)(5), the
proportion of the visa numbers made available under
each of paragraphs (1) through (5) of section 203(b) 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(b).
Nothing in this subsection shall be construed as limiting the
number of visas that may be issued to natives of a foreign
state or dependent area under section 203(a) or 203(b) if there
is insufficient demand for visas for such natives under section
203(b) or 203(a), respectively, or as limiting the number of
visas that may be issued under section 203(a)(2)(A) pursuant to
subsection (a)(4)(A).]
(e) Special Rules for Countries at Ceiling.--If it is
determined that 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, in
determining the allotment of immigrant visa numbers to natives
under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (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 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).
* * * * * * *
----------
CHINESE STUDENT PROTECTION ACT OF 1992
* * * * * * *
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN
NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Subject to subsection (c)(1), whenever an
alien described in subsection (b) applies for adjustment of
status under section 245 of the Immigration and Nationality Act
during the application period (as defined in [subsection (e))]
subsection (d)) the following rules shall apply with respect to
such adjustment:
(1) * * *
* * * * * * *
[(d) Offset in Per Country Numerical Level.--
[(1) In general.--The numerical level under section
202(a)(2) of the Immigration and Nationality Act
applicable to natives of the People's Republic of China
in each applicable fiscal year (as defined in paragraph
(3)) shall be reduced by 1,000.
[(2) Allotment if section 202(e) applies.--If
section 202(e) of the Immigration and Nationality Act
is applied to the People's Republic of China in an
applicable fiscal year, in applying such section--
[(A) 300 immigrant visa numbers shall be
deemed to have been previously issued to
natives of that foreign state under section
203(b)(3)(A)(i) of such Act in that year, and
[(B) 700 immigrant visa numbers shall be
deemed to have been previously issued to
natives of that foreign state under section
203(b)(5) of such Act in that year.
[(3) Applicable fiscal year.--
[(A) In general.--In this subsection, the
term ``applicable fiscal year'' means each
fiscal year during the period--
[(i) beginning with the fiscal year
in which the application period begins;
and
[(ii) ending with the first fiscal
year by the end of which the cumulative
number of aliens counted for all fiscal
years under subparagraph (B) equals or
exceeds the total number of aliens
whose status has been adjusted under
section 245 of the Immigration and
Nationality Act pursuant to subsection
(a).
[(B) Number counted each year.--The number
counted under this subparagraph for a fiscal
year (beginning during or after the application
period) is 1,000, plus the number (if any) by
which (i) the immigration level under section
202(a)(2) of the Immigration and Nationality
Act for the People's Republic of China in the
fiscal year (as reduced under this subsection),
exceeds (ii) the number of aliens who were
chargeable to such level in the year.]
[(e)] (d) Application Period Defined.--In this section, the
term ``application period'' means the 12-month period beginning
July 1, 1993.