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Creates a narrow exception to the annual immigrant visa numerical limit so that certain family‑based immigrants no longer count against the cap. The exception applies to people who qualify for immigrant visas under INA provisions 203(a)(1) or 203(a)(3) and who have a parent (living or deceased) who was naturalized under specified historic statutes (section 405 of the Immigration Act of 1990 or title III of the Act of October 14, 1940). The change is limited to that group and does not itself allocate new funding.
Amends Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) by adding a new paragraph (F) that creates an exemption from the immigrant visa limit.
Creates an exemption for aliens who meet both listed criteria (i) and (ii).
Criterion (i): The alien must be eligible for a visa under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act.
Criterion (ii): The alien must have a parent — living or dead — who was naturalized pursuant to either (I) section 405 of the Immigration Act of 1990 (Public Law 101–649; 8 U.S.C. 1440) or (II) title III of the Act of October 14, 1940, as added by section 1001 of the Second War Powers Act, 1942.
Who is affected and how:
Directly affected: Noncitizen family‑based immigrant visa applicants who qualify under INA 203(a)(1) or 203(a)(3) and who have a parent naturalized under the two specified historic statutes. These individuals would have their visas exempted from the annual numerical caps and could proceed without occupying a cap slot.
Government agencies: USCIS, the Department of State (including consular officers and the Visa Bulletin process), and related DHS components would need to implement procedures to identify eligible applicants, apply the exemption, and update guidance and systems. Administrative workload would be modest but require policy and IT updates.
Broader effect: Because the covered class is narrowly defined and tied to historic naturalizations, the overall effect on immigrant visa issuance and backlogs is likely limited. The exemption could shorten wait times for qualifying individuals but would not itself create additional funded visa slots.
Equity and legal considerations: The change restores or recognizes special treatment for descendants of people naturalized under particular historic provisions; it could raise questions about parity with other family‑based applicants but does not change underlying eligibility criteria beyond the exemption.
Fiscal impact: No direct spending or appropriation changes are included in the text provided; fiscal effects would be minimal and mostly administrative.
Read twice and referred to the Committee on the Judiciary.
Introduced February 6, 2025 by Mazie Hirono · Last progress February 6, 2025
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Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
