Allotment of visas

Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by— (a) adding the following paragraph to subsection (a): (5) If the worldwide level of family-sponsored immigrants for any fiscal year is less than 226,000, then the maximum number of visas that can be allotted to any class of family-sponsored immigrants under this subsection shall be proportionately reduced for that fiscal year;; (b) striking subsection (b) and inserting: (b) Allocation for employment-Based immigrants Visas shall be made available in a number not to exceed the worldwide level of employment-based immigrants to qualified immigrants who are aliens described in any of the following paragraphs (1) through (3). (1) Aliens with extraordinary ability An alien is described in this paragraph if— (A) 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 recognized in the field through extensive documentation, (B) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and (C) the alien's entry into the United States will substantially benefit prospectively the United States. (2) Outstanding professors and researchers An alien is described in this paragraph if— (A) the alien is recognized internationally as outstanding in a specific academic area, (B) the alien has at least 3 years of experience in teaching or research in the academic area, and (C) the alien seeks to enter the United States— (i) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area, (ii) for a comparable position with a university or institution of higher education to conduct research in the area, or (iii) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field. (3) Certain multinational executives and managers An alien is described in this paragraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this paragraph, has been employed for at least 1 year by a firm or comporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.. (c) striking subsection (c) and inserting: (c) Visas shall be made available to employment-related immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General and waiting lists of applicants for visas shall be maintained in accordance with regulations prescribed by the Secretary of State.; (d) striking (a), (b), or (c) from subsections (d), (f), and (g) and inserting (a) or (b); (e) striking subsection (e); and (f) renumbering subsections (f) and (g) as (e) and (f), respectively.