H.R. 2705 — Nuclear Family Priority Act

This section excludes parents of U.S. citizens from the definition of immediate relatives (previously children, spouses, and parents; now children and spouses only). (Thus, visas for such parents become subject to the numerical limitations on family-sponsored immigrants under INA §201(a)(1) and §202 (previously exempt as immediate relatives).)

This section revises family-sponsored immigrant visa preferences by eliminating allocations for (1) unmarried sons and daughters of citizens (previously up to 23,400 visas plus unused visas from category (4)), (2) married sons and daughters of citizens (previously up to 23,400 plus unused visas from categories (1) and (2)), and (3) brothers and sisters of citizens over age 21 (previously up to 65,000 plus unused visas from categories (1)-(3)). It allocates the entire family preference worldwide level under INA §201(c)—226,000 visas—to spouses and children (i.e., unmarried and under 21) of lawful permanent residents (previously, spouses, children under 21, and unmarried sons and daughters over 21 shared up to 114,200 plus any excess over the 226,000 worldwide level and unused visas from category (1), with at least 77% to spouses and children under 21). (Thus, this change prioritizes immediate family of green card holders and eliminates visa paths for adult children and siblings of U.S. citizens.)

This section revises the formula for the worldwide level of family-sponsored immigrants (i.e., preference categories under INA §203(a) for spouses/children of lawful permanent residents and adult children/siblings of U.S. citizens) to 88,000 minus the number computed under paragraph (2) (from 480,000 minus the numbers computed under paragraphs (2) and (3)), strikes paragraphs (2), (3), and (5) of INA §201(c), and redesignates paragraph (4) as paragraph (2).

This section revises INA §202(a)(4) (8 U.S.C. 1152(a)(4)) to exempt 75% of all family-sponsored immigrant visas under INA §203(a) from per-country numerical limitations (previously, only 75% of the "2-A floor," defined as 77% of visas for spouses and minor children of lawful permanent residents under INA §203(a)(2)); provides that the remaining 25% are available to foreign states or dependent areas subject to INA §202(e) only to the extent visas issued under the 75% exemption fell short of the "subsection (e) ceiling" (defined as 77% of the maximum visas available under INA §203(a) for natives of that state or area consistent with §202(e)); and strikes former subparagraphs (C) and (D). It also makes minor conforming changes to INA §202(e). Additionally, this section makes conforming amendments to INA §§203(h), 204, 212(d)(11), 216(h)(1)(C), and 237(a)(1)(E)(ii) (8 U.S.C. §§1153(h), 1154, 1182(d)(11), 1186a(h)(1)(C), and 1227(a)(1)(E)(ii)) by replacing references to specific family preference categories (e.g., §203(a)(2)(A)) with references to family-sponsored immigrants under §203(a) generally and striking certain obsolete provisions. (Thus, these changes align petition procedures, child status protections, waivers, conditional residency rules, and deportability provisions with expanded exemptions from per-country limits for family-sponsored visas.)

This section establishes a new nonimmigrant visa category (W) for parents of U.S. citizens who are at least 21 years of age, subject to conditions in new INA §214(s). Under those conditions, the initial admission period is 5 years (extendable by DHS while the citizen child resides in the U.S.); such nonimmigrants are ineligible for U.S. employment or any federal, state, or local public benefits (with the citizen child responsible for their support); and eligibility requires proof that the citizen child has arranged health insurance for the parent at no cost to the parent.

This section establishes the effective date for the amendments made by the Act as the first day of the second fiscal year beginning after enactment and invalidates (1) any petition under INA §204 (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the Act if filed after the date of the Act's introduction in the House of Representatives, and (2) any immigrant visa application based on such a petition.