Page:United States Statutes at Large Volume 123.djvu/828

 123STA T .80 8 PUBLIC LA W 111 – 8 —M A R .11, 200 9(i) i sthe s pou seo rc hi ld o fa pri n cipal alien descri b ed in subpara g raph ( A ) and (ii) is acco m pan y ing or follo w ing to j oin the prin - cipal alien in the U nited S tates . ( C )S URVI VI NGSPO US E OR CH I LD . — An alien is described in this subparagraph if the alien— (i) was the spouse or child of a principal alien described in subparagraph (A) who had a petition for classification appro v ed pursuant to this section or sec- tion 1059 of the N ational D efense Authori z ation Act for F iscal Y ear 2 00 6 ( P ublic L aw 109 – 16 3 8 U.S.C. 1101 note) which included the alien as an accom- panying spouse or child; and (ii) due to the death of the principal alien— ( I ) such petition was revo k ed or terminated (or otherwise rendered null); and (II) such petition would have been approved if the principal alien had survived. (D) APPROV A L BY CHIE F OF M ISSION RE Q UIRED.—A rec- ommendation or evaluation re q uired under subparagraph (A)(iii) shall be accompanied by approval from the appro- priate Chief of M ission , or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records main- tained by the United States G overnment or hiring organiza- tion or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. (3) NUMERICAL LIMI T ATIONS.— (A) IN GENERAL.— Ex cept as provided in subparagraph (C), the total number of principal aliens who may be pro- vided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013. ( B )E X CLUSION FROM NUMERICAL LIMITATIONS.—Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)( 4 ) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). (C) CARRY FOR W ARD.— (i) FISCAL YEARS 20 0 9 THROUGH 20 13 .—If the numer- ical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numer- ical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— (I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and (II) the number of principal aliens provided special immigrant status under this section during the given fiscal year. (ii) FISCAL YEAR 201 4 .—If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this Riska ss e ss m e nt. Re cord s.