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TITLE II—IMMIGRATION

CHAPTER 14SELECTION SYSTEM

47 WORLDWIDE LEVEL OF IMMIGRATION

SEC. 201. [8 U.S.C. 1151] (a) IN GENERAL.-Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—

(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;

(2) employment-based immigrants described in section 203(b) (or who are admitted under section 21!(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and

(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level

47 This section was amended in its entirety by $ 101(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 4980), effective October 1, 1991. For § 201 as in effect before such date, see Appendix II.A.2. The section was further amended by $ 302(a)(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1742).

$ The following are among the provisions that waive the numerical limitations under this section and section 202: (1) $8 210(c)(1) and 245A(d)(1) of the INA; (2) S$ 202(e), 203(c), & 314 of the Immigration Reform and Control Act of 1986, in Appendix II.B.1.; (3) $ 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, in Appendix II.D.; (4) § 3 of the Immigration Amendments of 1988 (Pub. L. 100-658, Nov. 15, 1988, 102 Stat. 3908), in Appendix II.F.; (5) § 2 of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238, Dec. 18, 1989), in Appendix II.I.; (6) $$ 124, 132-134 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 4986, 5000), in Appendix II.A.1.; (7) § 19 of The Immigration and Nationality Amendments Act of 1981 (Pub. L. 97-116, Dec. 29, 1981, 95 Stat. 1621) (relating to aliens in the United States who were classified as nonpreference investors before June 1, 1978); and (8) § 2(c)(1) of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982 (Pub. L. 97-271, Sept. 30, 1982, 96 Stat. 1158), in Appendix IV.D.

under such subsection for all of such fiscal year. (b) ALIENS Nor SUBJECT TO DIRECT NUMERICAL LIMITATIONS.— Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

(1)(A) Special immigrants described in subparagraph (A) or (B) of section 101(a 27).

(B) Aliens who are admitted under section 207 or whose status is adjusted under section 209.

(C) Aliens whose status is adjusted to permanent residence under section 210, 210A, or 245A.

(D) Aliens whose deportation is suspended under section 244(a).

(E) Aliens provided permanent resident status under section 249.

(2/A/i) IMMEDIATE RELATIVES.- For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A) within 2 years after such date and only until the date the spouse remar

ries. 48

(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.

(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. (c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to

(i) 480,000, minus
(ii) the number computed under paragraph (2), plus

(iii) the number (if any) computed under paragraph (3). (B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).

(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.

48 § 101(c) of the Immigration Act of 1990, as added by $ 301(a/2) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1742) provides as follow:

(c) TRANSITION.-In applying the second sentence of section 201(b)(2/A/i) of the Immigration and Nationality Act (as amended by subsection (a)) in the case of a alien whose citizen spouse died before the date of the enactment of this Act (viz., November 29, 1990), notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act .

(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.

(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.

(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year.

(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.-(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to

(A) 140,000, plus

(B) the number computed under paragraph (2). (2)(A) The number computed under this paragraph for fiscal year 1992 is zero.

(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(b) during that fiscal year.

(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

(e) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.—The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.

NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE

47

SEC. 202. [8 U.S.C. 1152] (a) 49 (a) PER COUNTRY LEVEL.—

(1) NONDISCRIMINATION.—Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

(2) PER COUNTRY LEVELS FOR FAMILY-SPONSORED AND EMPLOYMENT-BASED IMMIGRANTS.—Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7

49 Subsection (a) was amended in its entirety by $ 102(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 4982), effective October 1, 1991. For subsection as previously in effect, see Appendix II.A.2.

NOTE.-See footnote 47 on p. 33.

percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

(3) EXCEPTION IF ADDITIONAL VISAS AVAILABLE.If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

(4) SPECIAL RULES FOR SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.

(A) 75 PERCENT OF 2ND PREFERENCE SET-ASIDE FOR SPOUSES AND CHILDREN NOT SUBJECT TO PER COUNTRY LIMITATION.

(i) IN GENERAL.-Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2XA) in any fiscal year, 75 percent of the 2-A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2)

(ii) 2-A FLOOR DEFINED.-In this paragraph, the term “2-A floor" means, for a fiscal year, 77 percent of the total number of visas made available under section 203(a) to immigrants described in section 203(a)(2) in

the fiscal year. (B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES SUBJECT TO SUBSECTION (e).

(i) IN GENERAL.-Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, the remaining 25 percent of the 2-A floor shall be available in the case of a state or area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)).

(ii) SUBSECTION (e) CEILING DEFINED.-In clause (i), the term "subsection (e) ceiling” means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area under section 203(a)(2) consistent with

subsection (e). (C) TREATMENT OF UNMARRIED SONS AND DAUGHTERS IN COUNTRIES SUBJECT TO SUBSECTION (e).-In the case of a foreign state or dependent area to which subsection (e) applies, the number of immigrant visas that may be made available to natives of the state or area under section 203(a)(2)(B) may not exceed

(i) 23 percent of the maximum number of visas that may be made available under section 203(a) to immi

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