Page:United States Statutes at Large Volume 122.djvu/420

 12 2 STA T .397PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (4)clear e d a b ac kg r oun dc h eck and a p propr i a t e s creening , as deter m ined b y the S ecretary o fH omeland Security . (b) ALIENSD ES CR I B E D . — ( 1 ) P RINCI PA L ALIENS.—An alien is described in this sub - section if the alien— (A) is a citi z en or national of I ra q; ( B ) w as or is employed by or on behalf of the U nited States G o v ernment in Iraq, on or after M arch 20, 200 3 , for not less than one year; ( C ) provided faithful and valuable service to the United States Government, which is documented in a positive rec- ommendation or evaluation, sub j ect to paragraph (4), from the employee ’ s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Iraq; and (D) has e x perienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government. (2) SP OU SES AND C H ILDREN.—An alien is described in this subsection if the alien— (A) is the spouse or child of a principal alien described in paragraph (1); and (B) is accompanying or following to join the principal alien in the United States. (3) T REA TM ENT O F SUR V IVIN G SPOUSE OR CHILD.—An alien is described in subsection (b) if the alien— (A) was the spouse or child of a principal alien described in paragraph (1) who had a petition for classifica- tion approved pursuant to this section or section 10 59 of the N ational Defense Authorization Act for F iscal Y ear 200 6 (Public L aw 109 – 163; 8 U.S.C. 1101 note), which included the alien as an accompanying spouse or child; and (B) due to the death of the principal alien— (i) such petition was revoked or terminated (or otherwise rendered null); and (ii) such petition would have been approved if the principal alien had survived. (4) APPROVAL B Y CHIEF OF MISSION RE Q UIRED.—A rec- ommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faith- ful and valuable service to the United States Government prior to approval of a petition under this section. (c) NUMERICAL LIMITATIONS.— (1) IN GENERAL.—The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the five fiscal years beginning after the date of the enactment of this Act. (2) EX CLUSION FROM NUMERICAL LIMITATIONS.—Aliens pro- vided special immigrant status under this section shall not be counted against any numerical limitation under sections

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