Family-Sponsored Immigrants Worldwide Level

(1)(A) The annual worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), determined as follows:

(i) Start with 480,000.

(ii) Subtract the sum of the number computed under paragraph (2) and the number computed under paragraph (4).

(iii) Add the number (if any) computed under paragraph (3).

(B)(i) For fiscal years 1992, 1993, and 1994, substitute 465,000 for 480,000 in subparagraph (A)(i).

(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.

(2) The number computed under this paragraph for a fiscal year is the total of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or otherwise obtained lawful permanent resident status in the previous fiscal year.

(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.

(B) For fiscal year 1993, calculate the difference between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year.

(C) For subsequent fiscal years, compute the difference between the maximum number of visas allowed under section 1153(b) of this title (concerning employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

(4) The number computed under this paragraph for a fiscal year (starting with fiscal year 1999) is the count of aliens paroled into the United States under section 1182(d)(5) of this title in the second preceding fiscal year:

(A) Who did not depart from the United States (without advance parole) within 365 days.

(B) Who (i) did not attain the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years or (ii) acquired such status in those years under a provision of law (other than subsection (b)) exempting such adjustment from the numerical limitation on the worldwide level of immigration under this section.

(5) If any alien described in paragraph (4) (except for an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, that alien shall not be reconsidered for purposes of paragraph (1).