level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii).

(5) EMPLOYMENT CREATION.—

(A) IN GENERAL.-Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise

(i) which the alien has established,

(ii) in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

(iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).

(B) SET-ASIDE FOR TARGETTED EMPLOYMENT AREAS.

(i) IN GENERAL.-Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in subparagraph (A) which will create employment in a targetted employment area.

(ii) TARGETTED EMPLOYMENT AREA DEFINED.-In this paragraph, the term "targetted employment area' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).

(iii) RURAL AREA DEFINED.-In this paragraph, the term "rural area" means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

(C) AMOUNT OF CAPITAL REQUIRED.

(i) IN GENERAL.-Except as otherwise provided in this subparagraph, the amount of capital_required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

(ii) ADJUSTMENT FOR TARGETTED EMPLOYMENT AREAS.-The Attorney General may, in the case of investment made in a targetted employment area, speci

fy an amount of capital required under subparagraph (A) that is less than (but not less than 2 of) the amount specified in clause (i).

(iii) ADJUSTMENT FOR HIGH EMPLOYMENT AREAS.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment

(I) is not a targetted employment area, and

(II) is an area with an unemployment rate significantly below the national average unemployment rate,

the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i).

(6) 55 SPECIAL RULES FOR "K" SPECIAL IMMIGRANTS.—

(A) NOT COUNTED AGAINST NUMERICAL LIMITATION IN YEAR INVOLVED.-Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

(B) COUNTED AGAINST NUMERICAL LIMITATIONS IN FOL

LOWING YEAR.—

(i) REDUCTION IN EMPLOYMENT-BASED IMMIGRANT CLASSIFICATIONS.-The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by % of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K).

(ii) REDUCTION IN PER COUNTRY LEVEL.-The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

(iii) REDUCTION IN EMPLOYMENT-BASED IMMIGRANT CLASSIFICATIONS WITHIN PER COUNTRY CEILING.-In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

(C) APPLICATION OF SEPARATE NUMERICAL LIMITATION.— (i) IN GENERAL.-Subject to clause (ii), the number of immigrant visas made available to special immi

55 Paragraph (6) was added by § 2(b) of the Armed Forces Immigration Adjustment Act of 1991 (P.L. 102-110, Oct. 1, 1991, 105 Stat. 555), effective December 1, 1991.

grants under section 101(a)(27)(K) in any fiscal year (other than as a spouse or child described in such section) may not exceed―

(I) in the case of aliens who are nationals of a foreign state for which there is a numerical limitation treaty or agreement (as defined in clause (iii)), 2,000, or

(II) in the case of aliens who are nationals of any other state, 100.

(ii) EXCEPTION FOR ALIENS CURRENTLY MEETING REQUIREMENTS.-The numerical limitations of clause (i) shall not apply to individuals who meet the requirements of section 101(a)(27)(K) as of the date of the enactment of this subparagraph.

(iii) NUMERICAL LIMITATION TREATY OR AGREEMENT. In clause (i), the term "numerical limitation treaty or agreement" means a treaty or agreement in effect on the date of the enactment of this subparagraph which authorizes and limits the number of aliens who are nationals of such state who may be enlisted annually in the Armed Forces of the United States.

(c) 56 DIVERSITY IMMIGRANTS.—

(1) IN GENERAL.-Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 201(e) for diversity immigrants shall be allotted visas each fiscal year as follows:

(A) DETERMINATION OF PREFERENCE IMMIGRATION.-The Attorney General shall determine for the most recent pre- -vious 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subject to the numerical limitations of section 201(a) (other than paragraph (3) thereof) or who were admitted or otherwise provided lawful permanent resident status as an immediate relative or other alien described in section 201(b)(2).

(B) IDENTIFICATION OF HIGH-ADMISSION AND LOW-ADMISSION REGIONS AND HIGH-ADMISSION

STATES.-The Attorney General—

(i) shall identify

AND LOW-ADMISSION

(I) each region (each in this paragraph referred to as a "high-admission region") for which the total of the numbers determined under subparagraph (A) for states in the region is greater than % of the total of all such numbers, and

56 Subsection (c) was inserted by § 131 of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 4997), effective October 1, 1991. For recent predecessors to this diversity program, see section 314 of the Immigration Reform and Control Act of 1986 (in Appendix II.B.1.), section 3 of the Immigration Amendments of 1990 (in Appendix II.F.), and sections 132, 133, and 134 of the Immigration Act of 1990 (in Appendix II.A.1.).

(II) each other region (each in this paragraph referred to as a "low-admission region"); and (ii) shall identify

(I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a "high-admission state"), and

(II) each other foreign state (each such state in this paragraph referred to as a "low-admission state").

(C) DETERMINATION OF PERCENTAGE OF WORLDWIDE IMMIGRATION ATTRIBUTABLE TO HIGH-ADMISSION REGIONS.-The Attorney General shall determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high-admission regions.

(D) DETERMINATION OF REGIONAL POPULATIONS EXCLUDING

HIGH-ADMISSION STATES AND RATIOS OF POPULATIONS OF REGIONS WITHIN LOW-ADMISSION REGIONS AND HIGH-ADMISSION

REGIONS.—The Attorney General shall determine—

(i) based on available estimates for each region, the total population of each region not including the population of any high-admission state;

(ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and

(iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the high-admission regions.

(E) DISTRIBUTION OF VISAS.

HIGH-ADMISSION

(i) No VISAS FOR NATIVES OF STATES.-The percentage of visas made available under this paragraph to natives of a high-admission state is 0.

(ii) FOR LOW-ADMISSION STATES IN LOW-ADMISSION REGIONS. Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of

(I) the percentage determined under subparagraph (C), and

(II) the population ratio for that region determined under subparagraph (D)(ii).

(iii) FOR LOW-ADMISSION STATES IN HIGH-ADMISSION REGIONS. Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of—

(I) 100 percent minus the percentage determined under subparagraph (C), and

(II) the population ratio for that region determined under subparagraph (D)(iii).

(iv) REDISTRIBUTION OF UNUSED VISA NUMBERS.—If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii).

(v) LIMITATION ON VISAS FOR NATIVES OF A SINGLE FOREIGN STATE.-The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 per

cent.

(F) REGION DEFINED.-Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region:

(vi) South America, Mexico, Central America, and the Caribbean.

(2) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.—An alien is not eligible for a visa under this subsection unless the alien

or

(A) has at least a high school education or its equivalent,

(B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.

(3) MAINTENANCE OF INFORMATION.-The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection.

(d) 57 TREATMENT OF FAMILY MEMBERS.-A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provid

57 Subsections (d) through (g) were inserted by § 162(a)(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5009), effective October 1, 1991. For previous corresponding subsections (b) through (d) of section 203, see Appendix II.A.2.