Page:United States Statutes at Large Volume 104 Part 6.djvu/597

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4987 SEC. 112. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF 8 USC 1153 note. LEGALIZED ALIENS. (a) ADDITIONAL VISA NUMBERS. — (1) IN GENERAL. —In addition to any immigrant visas otherwise available, immigrant visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for spouses and children of eligible, legalized aliens (as defined in subsection (c)) in a number equal to 55,000 minus the number (if any) computed under paragraph (2) for the fiscal year. (2) OFFSET. — The number computed under this paragraph for a fiscal year is the number (if any) by which— (A) the sum of the number of sdiens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act (or, for fiscal year 1992, section 201(b) of such Act) who were issued immigrant visas or otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, exceeds (B) 239,000. Ob) ORDER.— Visa niunbers under this section shall be made available in the order in which a petition, in behalf of each such immigrant for classification under section 203(a)(2) of the Immigration and Nationality Act, is filed with the Attorney General under section 204 of such Act. (c) LEGAUZED ALIEN DEFINED.— In this section, the term "legalized alien" means an alien lawfully admitted for temporary or permanent residence who was provided— (1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act, (2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or (3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986. PART 2—EMPLOYMENT-BASED IMMIGRANTS SEC. 121. EMPLOYMENT-BASED IMMIGRANTS. (a) IN GENERAL.— Section 203 (8 U.S.C. 1153) is amended by inserting after subsection (a), as inserted by section 111, the following new subsection: " (b) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IM- MIGRANTS.— A liens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows: "(1) PRIORITY WORKERS. — Visas shall first be made available in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who £u:e aliens described in any of the following subparagraphs (A) through (C): "(A) ALIENS WITH EXTRAORDINARY ABILITY. —- An alien is described in this subparagraph if^ "(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been