Sec. 409.
505 words·~2 min read·
/bill/117/s/4678/is/section-409A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 201(c)(1)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1)(B)(ii) ) is amended to read as follows: In no case shall the number computed under subparagraph
(A)be less than the sum of— 226,000; and the number computed under paragraph (3). . Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended by adding at the end the following: Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2023, the number of family-sponsored immigrant visas that may be issued under section 203(a) shall be increased by the number computed under subparagraph (B). The number computed under this subparagraph is the difference, if any, between— the difference, if any, between— the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) for fiscal years 1992 through 2022, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(c)(3); and the number of visas described in subclause
(I)that were issued under section 203(a), or, in accordance with section 201(d)(2)(C), under section 203(b); and the number of visas resulting from the calculation under clause
(i)issued under section 203(a) after fiscal year 2022. Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2023, the number of employment-based immigrant visas that may be issued under section 203(b) shall be increased by the number computed under subparagraph (B). 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under this paragraph is the difference, if any, between— the difference, if any, between— the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) for fiscal years 1992 through 2022, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(d)(2); and the number of visas described in subclause
(I)that were issued under section 203(b), or, in accordance with section 201(c)(3)(C), under section 203(a); and the number of visas resulting from the calculation under clause
(i)issued under section 203(b) after fiscal year 2022. Notwithstanding section 204(a)(1)(I)(ii)(II) or 201(e), an immigrant visa for an alien selected in accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 shall remain available to such alien (and the spouse and children of such alien) if— the alien was refused a visa, prevented from seeking or obtaining admission or a visa interview, or denied admission to the United States solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency— the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c). .
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