Page:United States Statutes at Large Volume 104 Part 6.djvu/607

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4997 file a petition with the Attorney General for such classification. No visa may be issued under subsection (a)(1) until such a petition has been approved. (c) AuLOCATiON.—Visa numbers made available under subsection (a) shall be made available in the order which petitions under subsection (b) sire filed with the Attorney General. (d) DEFINITIONS.—In this section: (1) EXECUTIVE CAPACITY. — The term "executive capacity" has the meaning given such term in section 101(a)(44XB) of the Immigration and Nationality Act, as added by section 123 of this Act. (2) MANAGERIAL CAPACITY.— The term "managerial capacity" has the meaning given such term in section 101(a)(44XA) of the Immigration and Nationality Act, as added by section 123 of this Act. (3) OFFICER.— The term "officer" means, with respect to a business entity, the chairman or vice-chairman of the board of directors of the entity, the chairman or vice-chairman of the executive committee of the board of directors, the president, any vice-president, any assistant vice-president, any senior trust officer, the secretary, any assistant secretary, the treasurer, any assistaiit treasurer, any trust officer or associate trust ofhcer, the controller, any assistant controller, or any other officer of the entity customarily performing functions similar to those performed by any of the above officers. (4) SPECIALIZED KNOWLEDGE.— The term "specialized knowledge" has the meaning given such term in section 214(c)(2)(B) of the Immigration and Nationality Act, as amended by section 206(b)(2)of thisAct. (5) SUPERVISOR.—The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment. PART 3—DIVERSITY IMMIGRANTS SEC. 131. DIVERSITY IMMIGRANTS. Section 203, as amended by sections 111 and 121 of this Act, is further amended by inserting after subsection db) the following new subsection: "(c) DIVERSITY IMMIGRANTS. — "(1) IN GENERAL.— Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 201(e) for diversity immigrants shall be allotted visas each fiscal year as follows: " (A) DETERMINATION OF PREFERENCE IMMIGRATION. —The Attorney Genergd shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subject to the numerical limitations of