Last progress June 5, 2025 (8 months ago)
Introduced on June 5, 2025 by Jimmy Gomez
Treats people placed under a new immigration category labeled “subparagraph (J)” the same as two existing categories for visa-number accounting and preference allocation. People in subparagraph (J) will not be counted against direct per-country numerical limits and will be handled under the employment-based preference allocation rules, rather than being subject to separate per-country ceilings.
Amends Section 201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(A)) by striking the phrase "subparagraph (A) or (B)" and inserting "subparagraph (A), (B), or (J)". This makes aliens in subparagraph (J) explicitly not subject to direct numerical limitations.
Amends Section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) by striking the phrase "subparagraph (A) or (B)" and inserting "subparagraph (A), (B), or (J)". This includes subparagraph (J) within the preference allocation rules for employment-based immigrants.
Who is affected and how:
Individuals placed into the new subparagraph (J): They will be moved out of direct per-country caps and counted within employment-based preference allocations. That can change wait times and priority dates for those individuals depending on country of chargeability and demand across employment categories.
Employment-based immigrant applicants and petitioning employers: Visa-number accounting changes can alter the supply of visas available within employment-based preference categories. Employers sponsoring workers who fall into (J) may see different timing for visa issuance.
Nationals of oversubscribed countries (e.g., countries with long visa backlogs): Depending on how (J) is defined and how many people fall into it, shifting some applicants into the employment-based preference pool could relieve or aggravate backlog pressures across categories; effects depend on program size and demand.
Federal agencies administering immigrant visas (DOS, USCIS): Agencies must apply the new counting rules in visa issuance, visa bulletins, and reporting; operational adjustments to allocation calculations and public guidance will be required.
Net effect: The bill is a procedural reallocation of how a specific group of immigrants is counted against statutory numerical limits. It can change timing and availability for affected applicants but does not itself change eligibility criteria, create new benefit streams, or provide spending.
Referred to the House Committee on the Judiciary.
Updated 1 day ago
Last progress June 5, 2025 (8 months ago)