Sec. 405.
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Notwithstanding any other provision of law, beginning in fiscal year 2023, the number of family-sponsored immigrant visas that may be issued under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) shall be increased by the number computed under paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) shall not apply to the additional family-sponsored immigrant visas made available under this paragraph. The number computed under this paragraph is the difference, if any, between— the difference, if any, between— the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1) ) for fiscal years 1992 through 2021, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(c)(3) of such Act ( 8 U.S.C. 1151(c)(3) ); and the number of visas described in clause
(i)that were issued under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ), or, in accordance with section 201(d)(2)(C) of such Act ( 8 U.S.C. 1151(d)(2)(C) ), under section 203(b) of such Act ( 8 U.S.C. 1153(b) ); and the number of visas resulting from the calculation under subparagraph
(A)issued under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) after fiscal year 2022. The number of family-sponsored immigrant visas computed under paragraph
(2)that may be issued under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) shall be allotted between the family-sponsored categories at the start of every fiscal year as follows: 10.4 percent to family-sponsored immigrants under section 203(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(1) ), plus any visa available under this paragraph not required for subparagraph (E); 38.9 percent to family-sponsored immigrants under section 203(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(2)(A) ), plus any visa available under this paragraph not required for subparagraph (A); 11.6 percent to family-sponsored immigrants under section 203(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(2)(B) ), plus any visa available under this paragraph not required for subparagraphs
(A)and (B); 10.4 percent to family-sponsored immigrants under section 203(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(3) ), plus any visa available under this paragraph not required for subparagraphs
(A)through (C); and 28.7 percent to family-sponsored immigrants under section 203(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(4) ), plus any visa available under this paragraph not required for subparagraphs
(A)through (D). Notwithstanding any other provision of law, beginning in fiscal year 2023, the number of employment-based immigrant visas that may be issued under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) shall be increased by the number computed under paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) shall not apply to the additional employment-based immigrant visas made available under this paragraph. The number computed under this paragraph is the difference, if any, between— the difference, if any, between— the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1) ) for fiscal years 1992 through 2022, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(2) ); and the number of visas described in clause
(i)that were issued under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ), or, in accordance with section 201(c)(3)(C) of the immigration and Nationality Act ( 8 U.S.C. 1151(c)(3)(C) ), under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); and the number of visas resulting from the calculation under subparagraph
(A)issued under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) after fiscal year 2022. The number of employment-based immigrant visas computed under paragraph
(2)that may be issued under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) shall be allotted between the employment-based categories at the start of every fiscal year as follows: 28.6 percent to employment-based immigrants under section 203(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(1) ), plus any visa available under this paragraph not required for subparagraph (F); 28.6 percent to employment-based immigrants under section 203(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2) ), plus any visa available under this paragraph not required for subparagraph (A); 21.5 percent to employment-based immigrants under section 203(b)(3)(A)(i) and
(ii)of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(3)(A)(i) and (ii)), plus any visa available under this paragraph not required for subparagraphs
(A)and (B); 7.1 percent to employment-based immigrants under section 203(b)(3)(A)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(3)(A)(iii) ), plus any visa available under this paragraph not required for subparagraphs
(A)through (C); 7.1 percent to employment-based immigrants under section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) ), plus any visa available under this paragraph not required for subparagraphs
(A)through (D); and 7.1 percent to employment-based immigrants under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), plus any visa available under this paragraph not required for subparagraphs
(A)through (E). Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to— 226,000, plus the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year. . Section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to— 140,000, plus the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year. .
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