* The Immigration Act of 1990 (Pub. L. 101-649) amended section 202(a) of the Immigration and Nationality Act to increase the annual foreign state limitation from 20,000 to at least 25,620 immigrants. This amendment was effective October 1, 1991.

2 Persons born in Manchuria, Inner Mongolia, Sinkiang, and Tibet are chargeable to the limitation for China-mainland.

"Persons born in the areas administered prior to June 1967 by Israel, Jordan, Egypt, and Syria are chargeable, respectively, to the foreign state limitation for Israel, Jordan, Egypt, and Syria.

Section 103 of the Immigration Act of 1990 (Pub. L. 101-649 of 11/29/90) provides for Hong Kong to be considered as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.

5 Persons born in Junagadh and that portion of Jammu and Kashmir controlled by India are chargeable to the foreign state limitation for India. Persons born in that portion of Jammu and Kashmir controlled by Pakistan are chargeable to the foreign state limitation for Pakistan.

"In November 1986 three of the four political components which made up the Trust Territory of the Pacific Islands assumed new status and are no longer subject to the Trusteeship agreement. The Republic of the Marshall Islands and the Federated States of Micronesia are now sovereign, self-governing states in free association with the United States; as such, each has become a separate chargeability for immigrant visa purposes. The Northern Marianas is now a Commonwealth in political union with the United States, and thus a U.S. territory; therefore, it is not a chargeability for immigrant visa purposes. The Trusteeship agreement remains in effect for Palau, however; therefore, immigrant visa applicants born in Palau continue to be properly chargeable to the limitation of the Trust Territory of the Pacific Islands.

"Persons born in the Habomai Islands, Shikotan, Kunashiri, Etorofu, and Southern Sakhalin are chargeable to the foreign state limitation for Japan.

• Madeira and the Azores are included as an integral part of Portugal.

The Balearic Islands, the Canary Islands, and the following areas of Spanish sovereignty in North Africa-Ceuta, Islas Chafarinas, Melilla, Penon de Alhucemas, and Penon de Velez de la Gomera-are considered as integral parts of Spain.

4. LIST OF DEPENDENT AREAS SUBJECT TO ANNUAL LIMITATION OF IMMIGRANTS UNDER SECTION 202 (A) OF THE IMMIGRATION AND NATIONALITY ACT

*

(Source: Visa Office, Department of State; as of January 1, 1992)

* The Immigration Act of 1990 (Pub. L. 101-649) increased the annual dependent area limitation from 5,000 to 7,320 immigrants. This amendment was effective October 1, 1991.

1 Persons born in the portion of St. Martin controlled by France are chargeable to Guadeloupe; those born in the Netherlands controlled portion are chargeable to the Netherlands Antilles.

Section 103 of the Immigration Act of 1990 (Public Law 101-649 of 11/29/90) provides for Hong Kong to be considered to be a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.

5. TRANSITION DIVERSITY PROGRAM-AA-1

The Immigration Act of 1990 established a transition diversity program for Fiscal Years 1992, 1993 and 1994 under which 40,000 numbers outside the annual limitation are made available for natives of foreign states from which immigration had been "adversely affected" by P.L. 89-236 (the Act of October 3, 1965). This was derived from and intended as a bridge between the former "NP-5" program created by the Immigration Reform and Control Act of 1986 (P.L. 99-603) [see Appendix II.B.1.] and the permanent "Diversity Immigrants" classification which will go into effect in FY-95. The new temporary program is identified by the symbol AA-1.

The AA-1 program specifically applies to the same "adversely affected" countries identified for the NP-5 program. The merger of the former German Democratic Republic and the Federal Republic of Germany reduces the number from 36 to 35 such countries.

In addition to a substantial increase in the numbers, this provision also differs from the NP-5 program, however, in several other respects. For example, it sets aside a minimum of 40% of the numbers for natives of the country with the highest usage of NP-5 visa numbers, i.e., Ireland. (Under a subsequent Technical Amendments Act provision [§ 302(b)(6) of P.L. 102-232], natives of Northern Ireland are deemed to be natives of Ireland for the purpose of this program.)

It also differs in implementation. In its initial formulation, the program would have "selected" successful registrants by the chronological sequence in which their registration applications were received during a specified period. Under this system, applicants could submit as many registration applications as they wished and, as a counterweight to the vagaries of the many postal systems involved, a significant proportion of the applicants did, indeed, engage in multiple mailings. This procedure too was modified by the technical amendment. Effective for FY's 1993 and 1994, applicants are restricted to a single registration application; any duplicate will invalidate all registration applications from the sender. Successful registrants will be chosen by random selection.

The first registration period was from October 14, 1991 to October 20, 1991. Over seventeen million applications were received, from which the first 50,000 were notified of their selection and instructed as to the requisite steps for applying formally for an immigrant visa or directed to the INS if the alien contemplated adjustment of status. The following is a breakdown by chargeability of the selected 50,000:

Each year's registration program is self-contained; i.e., a registration is valid only for the year covered by the registration period. On the other hand, if, by chance, any numbers are unused in any year, the surplus will be added to the numbers available the following year.

The Department will, each year, publish well in advance and publicize widely the registration period and the location to which such applications should be sent for the following fiscal year's AA-1 program.

C. TREATIES CONTAINING TREATY TRADER AND TREATY INVESTOR PROVISIONS IN EFFECT BETWEEN THE UNITED STATES AND OTHER COUNTRIES

Treaties marked with one asterisk (*) contain only treaty trader provisions and allow only E-1 issuance, not E-2. Treaties marked with two asterisks (**) contain only treaty investor provisions and allow only E-2 issuance, not E-1.

(Source: Visa Office, Department of State; as of January 1, 1992)