119-hr1747

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1747 Introduced in House

    (IH) ]

<DOC>

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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