(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.
`(2) VISAS FOR SPOUSES AND CHILDREN-
`(A) IN GENERAL- Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
`(B) NUMERICAL LIMITATION- The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
`(C) CONSTRUCTION- Nothing in this paragraph may be construed to modify the requirement set out in 245B(a)(1)(I) or 245C(i)(2)(A) that prohibit an alien from receiving an adjustment of status to that of a legal permanent resident prior to the consideration of all applications filed under section 201, 202, or 203 before the date of enactment of section 245B and 245C.'.