682 
(iii) provided faithful and valuable 
service to the United States Government, 
which is documented in a positive rec-
ommendation or evaluation, subject to sub-
paragraph (D), from the employee’s senior 
supervisor or the person currently occu-
pying that position, or a more senior per-
son, if the employee’s senior supervisor has 
left the employer or has left Afghanistan; 
and 
(iv) has experienced or is experiencing 
an ongoing serious threat as a consequence 
of the alien’s employment by the United 
States Government. 
(B) SPOUSE OR CHILD.—An alien is de-
scribed in this subparagraph if the alien— 
(i) is the spouse or child of a principal 
alien described in subparagraph (A); and 
(ii) is accompanying or following to 
join the principal alien in the United 
States. 
(C) SURVIVING
SPOUSE
OR
CHILD.—An 
alien is described in this subparagraph if the 
alien— 
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683 
(i) was the spouse or child of a prin-
cipal alien described in subparagraph (A) 
who had a petition for classification ap-
proved pursuant to this section or section 
1059 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 
109–163; 8 U.S.C. 1101 note) which in-
cluded the alien as an accompanying 
spouse or child; and 
(ii) 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(I) such petition was revoked or 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. 
(D) APPROVAL BY CHIEF OF MISSION RE-
QUIRED.—A recommendation or evaluation re-
quired under subparagraph (A)(iii) shall be ac-
companied by approval from the appropriate 
Chief of Mission, or the designee of the appro-
priate Chief of Mission, who shall conduct a 
risk assessment of the alien and an independent 
review of records maintained by the United 
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684 
States Government or hiring organization or 
entity to confirm employment and faithful and 
valuable service to the United States Govern-
ment prior to approval of a petition under this 
section. 
(3) NUMERICAL LIMITATIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the total number of principal 
aliens who may be provided 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) EXCLUSION FROM NUMERICAL LIMITA-
TIONS.—Aliens provided special immigrant sta-
tus under this subsection shall not be counted 
against any numerical limitation under sections 
201(d), 202(a), or 203(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1151(d), 
1152(a), and 1153(b)(4)). 
(C) CARRY FORWARD.— 
(i) FISCAL
YEARS
2009
THROUGH 
2013.—If the numerical 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 
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685 
numerical limitation specified in such sub-
paragraph for the following fiscal year 
shall be increased by a number equal to 
the difference between— 
(I) the numerical limitation spec-
ified in subparagraph (A) for the 
given fiscal year; and 
(II) the number of principal 
aliens provided special immigrant sta-
tus under this section during the 
given fiscal year. 
(ii) FISCAL YEAR 2014.—If the numer-
ical 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 subsection for fiscal year 2014 shall be 
equal to the difference between— 
(I) the numerical limitation de-
termined under clause (i) for fiscal 
year 2013; and 
(II) the number of principal 
aliens provided such status under this 
section during fiscal year 2013. 
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