; (2) the applicant has not become ineligible for H–2B worker status under section 218A of the Immigration and Nationality Act, as added by this Act; and (3) the applicant meets the requirements set forth by the Secretary of Labor and the Secretary of Homeland Security, except that the applicant may not be required to acquire a permanent labor certification from the Secretary of Labor under section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ). (b) Dependent aliens The spouse and each child of an alien described in paragraph (1) whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence and shall be exempt from the numerical limitations. (c) Numerical limitation Not later than 6 months after the date of enactment of this Act, the worldwide level of immigrants admitted under this section shall not exceed 40,040 for each fiscal year, and may not equal less than one-third of the H–2B visas issued each fiscal year, unless an insufficient number of applications for adjustment to lawful permanent status have been filed under this section. (d) Effect of pending application During the period beginning on the date on which an alien applies for adjustment of status under this subtitle, and ending on the date on which the Secretary of Homeland Security makes a final administrative decision regarding such application, the alien and any dependents included on the application— (1) may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (2) may not be detained by the Secretary of Homeland Security or removed from the United States unless the USCIS makes a prima facie determination that such alien is, or has become, ineligible for adjustment of status under subsection (a); (3) may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) )