Sec. 5104. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA PROGRAM
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## SEC. 5104 VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA PROGRAM ###
(a)In General **[**[8 U.S.C. 1153 note](/us/usc/t8/s1153)**]** Beginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)). ###
(b)Numerical Limitations ####
(1)Fiscal year 2024 For fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a). ####
(2)Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a). ###
(c)Temporary Reduction in Diversity Visas Section 203(d)(2) of the Nicaraguan Adjustment and Central America Relief Act (8 U.S.C. 1151 note; Public Law 105-100) is amended— ####
(1)by amending paragraph
(2)to read as follows: > > #### “(2) > > In no case shall the reduction under paragraph
(1)for a fiscal year exceed the amount by which— > > > ##### “(A) > > the sum of— > > > ###### “(i) > > one-half of the total number of individuals described in subclauses (I), (II), (III), and
(IV)of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note; Public Law 104-208) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and > > > ###### “(ii) > > the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) for whom visas shall have been made available under section 5104 of the National Defense Authorization Act for Fiscal Year 2024 as of the end of the previous fiscal year; exceeds > > > ##### “(B) > > the total of the reductions in available visas under this subsection for all previous fiscal years.” > ; and ####
(2)by adding at the end the following: > > #### “(3) > > > #####
(A)> > Paragraph
(1)shall not apply in a fiscal year following a fiscal year for which the sum calculated under paragraph (2)(A), minus the number in paragraph (2)(B), is zero. > > > ##### “(B) > > Nothing in this paragraph may be construed— > > > ###### “(i) > > to repeal, modify, or render permanently inapplicable paragraph (1); or > > > ###### “(ii) > > to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024. > > > #### “(4) > > In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) is reduced to a number fewer than 50,000, not fewer than 3,000 of such visas shall be made available for individuals described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024.” > . ###
(d)Rule of Construction **[**[8 U.S.C. 1153 note](/us/usc/t8/s1153)**]** Nothing in this section or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)). # TITLE LII OVERSIGHT AND ACCOUNTABILITY MATTERS
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- Pub. L. 105-100
- Pub. L. 104-208
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Sec. 5104
VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA PROGRAM
Pub. L.Pub. L. 105-100
Pub. L.Pub. L. 104-208
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