
Originally Posted by
qesehmk
So here is the language and trying to simplify it: BLUE color mine.
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SEC. . (a) Notwithstanding any other provision
6 of law, beginning in fiscal year 2022, the worldwide level
7 of family-sponsored immigrants under subsection ( c) of
8 section 201 of the Immigration and Nationality Act (8
9 U.S.C. 1151) and the worldwide level of employment-
10 based immigrants under subsection (d) of such section
11 shall each be increased by the number computed under
12 subsection (b) of this section with respect to each of such
13 worldwide levels.
For year 2022 for EB and FB each the level of immigration should be increased by b where b is defined as follow:
The increased level for each EB and FB can be called as A
14 (b) For each of the worldwide levels described in sub-
15 section (a) of this section, the number computed under
16 this subsection is the difference (if any) between the sum
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1 of the worldwide levels established under the applicable
2 subsection of section 201 of the Immigration and Nation-
3 ality Act (8 U.S.C. 1151) for fiscal years 2020 and 2021
4 and the number of visas that were issued and used as the
5 basis for an application for admission into the United
6 States as an immigrant described in the applicable sub-
7 section during such fiscal years.
b is defined for each FB and EB separately as b = visa level as established for 2020 + 2021 - visas used during 2020 and 2021
8 ( c) The Secretary of State, in consultation with the
9 Secretary of Homeland Security, shall allocate the visas
10 made available as a result of the computation under sub-
11 section (b) on a proportional basis consistent with sub-
12 sections (a) and (b) of section 203 of the Immigration and
13 Nationality Act (8 U.S.C. 1153(a) and (b)), and in accord-
14 ance with subsection (e)(l) of such section (8 U.S.C.
15 1153(e)(l)).
Then level A should be distributed across sub categories according to the established usual formula.
16 (d) Each visa made available as a result of the com-
17 putation made under subsection (b) of this section shall
18 remain available for use in fiscal year 2022 or any subse-
19 quent fiscal year, until the Secretary of State, in consulta-
20 tion with the Secretary of Homeland Security, determines
21 that such visa has been issued and used as the basis for
22 an application for admission into the United States.
Visas under A should be available during 2022 as well as any future year. i.e. extra visas will spill from FB to FB and EB to EB only for year 2022 visas.
23 (e) For fiscal year 2021 and 2022, the number com-
24 puted under subsection (c)(3)(C) of section 201 of the Im-
25 migration and Nationality Act (8 U.S.C. 1151), and the
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1 number computed under subsection (d)(2)(C) of such sec-
2 tion, are deemed to equal zero.
Spillover for year 2021 and 2022 from FB to EB and vice versa is ZERO. (i.e. any unused EB from 2021 stays in EB)
3 (f) Notwithstanding section 204(a)(l)(I)(ii)(II) of the
4 Immigration and Nationality Act (8 U.S.C.
5 1154(a)(l)(I)(ii)(II)), and subject to subsection (i) of this
6 section, an immigrant visa for those selected in accordance
7 with section 203(e)(2) of the Immigration and Nationality
8 Act (8 U.S.C. 1153(e)(2)) in fiscal year 2020 or 2021
9 shall remain available to such alien if, because of restric-
10 tions or limitations on visa processing, visa issuance, trav-
11 el, or other effects associated with the COVID-19 public
12 health emergency-
13 ( 1) the alien was unable to receive a visa inter-
14 view despite submitting an Online Immigrant Visa
15 and Alien Registration Application (Form DS-260)
16 to the Secretary of State; or
17 (2) the alien was unable to seek admission or
18 was denied admission to the United States despite
19 being approved for a visa under section 203(c) of
20 the Immigration and Nationality Act (8 U.S.C.
21 1153(c)).
If diversity visas were announced then they should be issued those visas out of respective years. (2020 or 2021). This obviously then affects calculation of A.
22 (g) Not later than 90 days after the date of the enact-
23 ment of this section, the Secretary of State shall-
24 ( 1) provide written notice consistent with sub-
25 section (h) to each alien described in subsection (f)
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1 (and such alien's representative, if applicable) of
2 their continuing eligibility to apply for a visa under
3 section 203(c) of the Immigration and Nationality
4 Act (8 U.S.C. 1153(c)); and
5 (2) publish on the Department of State website,
6 information and procedures implementing this sec-
7 tion.
8 (h) The notice described in subsection (g) (1) shall in-
9 elude procedures for the alien to inform the Secretary of
10 State of the alien's intent to proceed with or abandon the
11 application, and shall include an advisal that such applica-
12 tion shall be deemed abandoned if the alien fails to notify
13 the Secretary of the alien's intent to proceed within one
14 year after the date on which the notice was issued.
15 (i) An alien described in subsection (f) shall remain
16 eligible to receive a visa described in such subsection until
17 the earliest of the date that-
18 (1) the alien-
19 (A) notifies the Secretary of State of the
20 alien's intent to abandon the application; or
21 (B) fails to respond to the notice described
22 in subsection (g)(l); or
23 (2) the Secretary of State makes a final deter-
24 mination of the alien's ineligibility for such visa
25 under section 203(c)(2), 204(a)(l)(I)(iii), or 212(a)
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1 of the Immigration and Nationality Act (8 U.S. C.
2 1153(c)(2), 1154(a)(l)(I)(iii), or 1182(a) ).
3 (j) A determination of whether an alien is the child
4 of a visa recipient described in subsection (f), pursuant
5 section 203(d) of the Immigration and Nationality Act (8
6 U.S.C. 1153(d)) shall be made using the age of the child
7 when the applicant was initially selected for a visa in ac-
8 cordance with section 203(e)(2) of such Act.
The DOS secretary should take steps to execute F above.