Sponsors (14)
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Adds a new immigration exception so certain family‑preference visa applicants are not counted against the annual immigrant visa caps. The exemption applies to people who qualify under the specified family preference categories and who have a parent (living or deceased) who was naturalized under certain historic naturalization statutes.
Adds a new subparagraph (F) to Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)).
Creates an exemption from the immigrant visa numerical limit for aliens who meet both condition (i) and condition (ii) described in the new subparagraph (F).
Condition (i): The alien must be eligible for a visa under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act.
Condition (ii): The alien must have a parent (whether living or dead) who was naturalized pursuant to one of the two specified statutes.
Condition (ii)(I): The parent was naturalized pursuant to section 405 of the Immigration Act of 1990.
Directly affected: family‑based immigrant visa applicants who (a) meet the eligibility criteria under the two cited family‑preference provisions and (b) have a parent (alive or deceased) who was naturalized under the named historic statutes. Those applicants would no longer be counted against the annual numerical caps, which can speed access to visas for them and reduce wait times for that group. Operational impact falls on the Department of State (visa allocation and consular processing) and on DHS/USCIS where petition adjudication or status adjustment interfaces with numerical availability; those agencies must update procedures, evidence requirements, and guidance. Immigration attorneys and advocates will need to advise clients on eligibility and evidence. Local communities and service providers may see modest changes in arrival timing for these beneficiaries. The amendment does not allocate funding, so administrative implementation uses existing agency budgets and processes; ambiguous definitions or proof standards could prompt litigation or administrative appeals.
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Referred to the House Committee on the Judiciary.
Introduced February 6, 2025 by Ed Case · Last progress February 6, 2025
Referred to the House Committee on the Judiciary.
Introduced in House