Before approving any petition filed by an alien under section 1154(a)(1)(H) of this title, the Secretary of Homeland Security must conduct a search for the alien and any associated employer of the alien on the Specially Designated Nationals List of the Department of the Treasury Office of Foreign Assets Control.
(S) Protection from expired legislation
Despite the expiration of legislation authorizing the regional center program under subparagraph (E), the Secretary of Homeland Security: (i) Shall continue processing petitions under sections 1154(a)(1)(H) and 1186b of this title based on an investment in a new commercial enterprise associated with a regional center that were filed on or before September 30, 2026; (ii) May not deny a petition described in clause (i) based on the expiration of such legislation; and (iii) May not suspend or terminate the allocation of visas to the beneficiaries of approved petitions described in clause (i).
(6) Special rules for "K" special immigrants
(A) Not counted against numerical limitation in year involved
The number of immigrant visas available to special immigrants under section 1101(a)(27)(K) of this title in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 1152(a) of this title, subject to subparagraph (B).
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant classifications
The number of visas available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title.
(ii) Reduction in per country level
The number of visas available in each fiscal year to natives of a foreign state under section 1152(a) of this title shall be reduced by the number of visas available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling
In the case of a foreign state subject to section 1152(e) of this title in a fiscal year (and in the previous fiscal year), the number of visas available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title who are natives of the foreign state.
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