[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1747 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1747
To amend the Immigration and Nationality Act to modify the provisions
that relate to family-sponsored immigrants.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2025
Mr. Steube introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to modify the provisions
that relate to family-sponsored immigrants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Break the Chain Act''.
SEC. 2. FAMILY-SPONSORED IMMIGRATION PRIORITIES.
(a) Immediate Relative Redefined.--Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (b)(2)(A)--
(A) in clause (i), by striking ``children, spouses,
and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at
least 21 years of age.'' and inserting ``children and
spouse of a citizen of the United States.''; and
(B) in clause (ii), by striking ``such an immediate
relative'' and inserting ``the immediate relative
spouse of a United States citizen'';
(2) by striking subsection (c) and inserting the following:
``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to 87,934 minus the number computed under
paragraph (2).
``(2) The number computed under this paragraph for a fiscal year is
the number of aliens who were paroled into the United States under
section 212(d)(5) in the second preceding fiscal year who--
``(A) did not depart from the United States (without
advance parole) within 365 days; and
``(B)(i) did not acquire the status of an alien lawfully
admitted to the United States for permanent residence during
the two preceding fiscal years; or
``(ii) acquired such status during such period under a
provision of law (other than subsection (b)) that exempts
adjustment to such status from the numerical limitation on the
worldwide level of immigration under this section.''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section 203(a)'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph
(3); and
(D) in paragraph (3), as redesignated, by striking
``(1) through (3)'' and inserting ``(1) and (2)''.
(b) Family-Based Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read
as follows:
``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified
immigrants who are the spouse or a child of an alien lawfully admitted
for permanent residence. Such immigrants shall be allocated visas in
accordance with the number computed under section 201(c).''.
(c) Aging Out.--Section 203(h) of the Immigration and Nationality
Act (8 U.S.C. 1153(h)) is amended--
(1) by striking ``(a)(2)(A)'' each place such term appears
and inserting ``(a)'';
(2) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), for purposes
of subsections (a) and (d), a determination of whether an alien
satisfies the age requirement in the matter preceding
subparagraph (A) of section 101(b)(1) shall be made using the
age of the alien on the date on which a petition is filed with
the Secretary of Homeland Security.'';
(3) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Limitation.--Notwithstanding the age of an alien on
the date on which a petition is filed, an alien who marries or
turns 25 years of age prior to a visa becoming available for
issuance pursuant to subsection (a) or (d), no longer satisfies
the age requirement described in paragraph (1).''; and
(5) in paragraph (5), as so redesignated, by striking
``(3)'' and inserting ``(4)''.
(d) Conforming Amendments.--
(1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
is amended by striking ``section 203(a)(2)(A)'' each place such
term appears and inserting ``section 203(a)''.
(2) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking
``to classification by reason of a relationship
described in paragraph (1), (3), or (4) of
section 203(a) or'';
(ii) in subparagraph (B)--
(I) in clause (i), by redesignating
the second subclause (I) as subclause
(II); and
(II) by striking ``203(a)(2)(A)''
each place such terms appear and
inserting ``203(a)''; and
(iii) in subparagraph (D)(i)(I), by
striking ``a petitioner'' and all that follows
through ``section 204(a)(1)(B)(iii).'' and
inserting ``an individual younger than 21 years
of age for purposes of adjudicating such
petition and for purposes of admission as an
immediate relative under section
201(b)(2)(A)(i) or a family-sponsored immigrant
under section 203(a), as appropriate,
notwithstanding the actual age of the
individual.'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate''; and
(C) by striking subsection (k).
(3) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11), by striking ``(other
than paragraph (4) thereof)''.
(4) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i)
of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking
``section 203(a)(2)(A)'' each place such term appears and
inserting ``section 203(a)''.
(5) Definition of alien spouse.--Section 216(h)(1)(C) of
such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(6) Classes of deportable aliens.--Section 237(a)(1)(E)(ii)
of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(e) Creation of Nonimmigrant Classification for Alien Parents of
Adult United States Citizens.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``or'' at
the end;
(C) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) subject to section 214(s), an alien who is a
parent of a citizen of the United States, if the
citizen is at least 21 years of age.''.
(2) Conditions on admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the
nonimmigrant is still residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W)--
``(A) is not authorized to be employed in the United
States; and
``(B) is not eligible for any Federal, State, or local
public benefit.
``(3) The United States citizen son or daughter shall file a
petition with the Secretary of Homeland Security on behalf of the alien
parent in order for the alien parent to be issued a visa or otherwise
be provided nonimmigrant status under section 101(a)(15)(W).
``(4) An alien is ineligible to be issued a visa or otherwise be
provided nonimmigrant status under section 101(a)(15)(W), or to be
admitted into the United States as a nonimmigrant described in section
101(a)(15)(W), unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for health insurance
coverage for the alien, at no cost to the alien, during the anticipated
period of the alien's residence in the United States.''.
(3) Affidavit of support.--
(A) Ground of inadmissibility.--Section
212(a)(4)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(4)(C)) is amended--
(i) in the heading by adding at the end the
following: ``and nonimmigrants''; and
(ii) in the matter preceding clause (i), by
striking ``section 201(b)(2) or 203(a)'' and
inserting ``section 101(a)(15)(W), 201(b)(2),
or 203(a)''.
(B) Affidavit required.--Section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183a) is
amended--
(i) in subsection (a)(2)--
(I) by striking ``An affidavit of
support'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), an affidavit of support''; and
(II) by adding at the end the
following:
``(B) Special rule.--In the case of an alien who
has been issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(W), an
affidavit of support shall be enforceable with respect
to benefits provided for an alien while the alien is
physically present in the United States.''; and
(ii) in subsection (f)(1)(D), by inserting
after ``section 204'' the following: ``or
petitioning for the alien to be provided a visa
under or accorded status under section
101(a)(15)(W)''.
(f) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2025.
(2) Invalidity of certain petitions and applications.--
(A) In general.--No person may file, and the
Secretary of Homeland Security and the Secretary of
State may not accept, adjudicate, or approve any
petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) filed on or after the
date of enactment of this Act seeking classification of
an alien under section 201(b)(2)(A)(i) with respect to
a parent of a United States citizen, or under section
203(a)(1), (2)(B), (3), or (4) of such Act (8 U.S.C.
1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). Any
application for adjustment of status or an immigrant
visa based on such a petition shall be invalid.
(B) Pending petitions.--Neither the Secretary of
Homeland Security nor the Secretary of State may
adjudicate or approve any petition under section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154)
pending as of the date of enactment of this Act seeking
classification of an alien under section
201(b)(2)(A)(i) with respect to a parent of a United
States citizen, or under section 203(a)(1), (2)(B),
(3), or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i),
1153(a)(1), (2)(B), (3), or (4)). Any application for
adjustment of status or an immigrant visa based on such
a petition shall be invalid.
(3) Applicability to waitlisted applicants.--
(A) In general.--Notwithstanding the amendments
made by this section, an alien with regard to whom a
petition or application for status under paragraph (1),
(2)(B), (3), or (4) of section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)), as
in effect on September 30, 2020, was approved prior to
the date of the enactment of this Act, may be issued a
visa pursuant to that paragraph in accordance with the
availability of visas under subparagraph (B).
(B) Availability of visas.--Visas may be issued to
beneficiaries of approved petitions under each category
described in subparagraph (A), but only until such time
as the number of visas that would have been allocated
to that category in fiscal year 2025, notwithstanding
the amendments made by this section, have been issued.
When the number of visas described in the previous
sentence have been issued for each category described
in subparagraph (A), no additional visas may be issued
for that category.
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