INA Definitions Part 3

The global allocation of employment-based immigrants is determined annually, guided by specific provisions. For each fiscal year, the baseline level is set at 140,000 (A). This baseline is then adjusted based on a computed figure (B), detailed in paragraph (2).

In fiscal year 1992, the computation specified in paragraph (2)(A) results in a zero allocation. For subsequent years, the calculation hinges on the interplay between the prior year's global limit (set under paragraph (1)) and the actual issuance of visas for family-sponsored immigrants in the prior fiscal year.

The worldwide quota for diversity immigrants is consistently fixed at 55,000 annually (e).

Regarding the determination of whether certain aliens qualify as immediate relatives, specific rules are outlined:

  1. The age of an alien, concerning the age requirement for immediate relative classification, is assessed based on the filing date of the petition with the Attorney General under section 1154, with exceptions as provided (f)(1).

  2. If a petition initially filed for an alien child's family-sponsored immigrant status is later converted due to a parent's naturalization, the age determination shifts to the date of the parent's naturalization (f)(2).

  3. In instances where a petition for an alien's family-sponsored immigrant status is initially filed based on being a married son or daughter of a citizen but is later converted due to the termination of the alien's marriage, the age determination shifts to the date of the marriage termination (f)(3).

These provisions intricately govern the annual allocation of employment-based and diversity immigrants while establishing specific criteria for determining the age of certain aliens in the context of family-sponsored immigration.

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