THE IMMIGRATION AND NATIONALITY ACT, PUBLIC LAW 414 (5) such immigrant born outside the Asia-Pacific triangle who is attributable by as much as one-half of his ancestry to a people or peoples indigenous to one or more colonies or other dependent areas situate wholly within the Asia-Pacific triangle, shall be chargeable to the Asia-Pacific quota ; (6) such immigrant born outside the Asia-Pacific triangle who is attributable by as much as one-half of his ancestry to peoples indigenous to two or more separate quota areas situate wholly within the Asia-Pacific triangle, or to a quota area or areas and one or more colonies and other dependent areas situate wholly therein, shall be chargeable to the Asia-Pacific quota. (c) Any immigrant born in a colony or other component or dependent area of a governing country for which no separate or specific quota has been established, unless a nonquota immigrant as provided in section 101 (a) (27) of this Act, shall be chargeable to the quota of the governing country, except that (1) not more than one hundred persons born in any one such colony or other component or dependent area overseas from the governing country shall be chargeable to the quota of its governing country in any one year, and (2) any such immigrant, if attributable by as much as one-half of his ancestry to a people or peoples indigenous to the Asia-Pacific triangle, shall be chargeable to a quota as provided in subsection (b) of this section. (d) The provision of an immigration quota for a quota area shall not constitute recognition by the United States of the political transfer of territory from one country to another, or recog nition of a government not recognized by the United States. OLD LAW (b) For the purposes of section 2 of the Act of December 17, 1943 (57 Stat. 601; 8 U. S. C., supp. 703), the term "Chinese person" shall mean any person who is as much as one-half Chinese blood and who is eligible to naturalization under section 303 of the Nationality Act of 1940, as amended by section 1 of this Act. (c) Notwithstanding the two preceding subsections, any quota immigrant who is of one-half Chinese blood and one-half the blood of a race indigenous to India shall, if born in India, be chargeable to the quota for India; if born in China, to the quota for the Chinese, or if born in neither of those countries, to whichever of the said quotas has the least applications for visas against it at the time the application for visa is made. (Act of July 2, 1946, 8 U. S. C. 212c.) STATEMENT OF NUMBER OF RESIDENT INDIVIDUALS OF VARIOUS NATIONALITIES (b) The Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, shall, as soon as feasible after the enactment of this Act, prepare a statement showing the number of individuals of the various na tionalities resident in continental United States as determined by the United States census of 1890, which statement shall be the population basis for the purposes of subdivision (a) of section 11. In the case of a country recognized by the United States, but for which a separate enumeration was not made in the census of 1890, the number of individuals born in such country and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890. In the ing before 1890, but for which a separate case of a colony or dependency existenumeration was not made in the census of 1890 and which was not included in the enumeration for the country to which such colony or dependency belonged, or in the case of territory administered under a protectorate, the number of individuals born in such colony, dependency, or territory, and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890 to have THE IMMIGRATION AND NATIONALITY ACT, PUBLIC LAW 414 OLD LAW been born in the country to which such colony or dependency belonged or which administers such protectorate. (Act of 1924, sec. 12 (b).) (e) After the determination of quotas has been made as provided in section 201, revision of the quotas shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, whenever necessary, to provide for any change of boundaries resulting in transfer of territory from one sovereignty to another, a change of administrative arrangements of a colony or other dependent area, or any other political change, requiring a change in the list of quota areas or of the territorial limits thereof, but any increase in the number of minimum quota areas above twenty within the AsiaPacific triangle shall result in a propor. tionate decrease in each minimum quota of such area in order that the sum total of all minimum quotas within the AsiaPacific triangle shall not exceed two thousand. In the case of any change in the territorial limits of quota areas, not requiring a change in the quotas for such areas, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all consular offices concerning the change in the territorial limits of the quota areas involved. EFFECT OF CHANGES IN POLITICAL BOUND- (c) In case of changes in political THE IMMIGRATION AND NATIONALITY ACT, OLD LAW PUBLIC LAW 414 ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTAS SEC. 203. (a) Immigrant visas to quota immigrants shall be allotted in each fiscal year as follows: (1) The first 50 per centum of the quota of each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (2) and (3), shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants whose services are determined by the Attorney General to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States, and (B) to qualified quota immigrants who are the spouse or children of any immigrant described in clause (A) if accompanying him. STATEMENTS, ETC., MADE ANNUALLY (d) The statements, estimates, and revisions provided in this section shall be made annually, but for any fiscal year for which quotas are in effect as proclaimed under subdivision (e) of section 11, shall be made only (1) for the purpose of determining the nationality of immigrants seeking admission to the United States during such year, or (2) for the purposes of clause (2) of subdivision (c) of this section. ANNUAL REPORT TO PRESIDENT OF QUOTA NATIONALITY; PROCLAMATION OF QUOTAS (e) Such officials shall, jointly, report annually to the President the quota of each nationality under subdivision (a) of section 11, together with the statements, estimates, and revisions provided for in this section. The President shall proclaim and make known the quotas so reported and thereafter such quotas shall continue, with the same effect as if specifically stated herein, for all fiscal years except those years for which quotas are in effect as proclaimed under subdivision (e) of section 11, and shall be final and conclusive for every purpose. (Act of 1924, sec. 12 (c), (d) and (e).) ENUMERATION OF PREFERENCES WITHIN QUOTAS; TIME FOR GIVING OF PREFERENCE; PERCENTAGE OF PREFERENCES SEC. 6. (a) Immigration visas to quota immigrants shall be issued in each fiscal year as follows: (1) Fifty per centum of the quota of each nationality for such year shall be made available in such year for the issuance of immigration visas to the following classes of immigrants, without priority of preference as between such classes: (a) Quota immigrants who are the fathers or the mothers of citizens of the United States who are twenty-one years of age or over or who are the husbands of citizens of the United States by marriages occurring on or after January 1, 1948; and (b) in the case of any nationality the quota for which is three hundred or more, quota immigrants who are skilled in agriculture, and the wives, and the dependent children under the age of eighteen years, of such immigrants skilled in agriculture, if accompanying or following to join them. THE IMMIGRATION AND NATIONALITY ACT, PUBLIC LAW 414 (2) The next 30 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (3), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the parents of citizens of the United States, such citizens being at least twenty-one years of age. (3) The remaining 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (2), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the children of aliens lawfully admitted for permanent residence. (4) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the issuance of immigrant visas to other qualified quota immigrants chargeable to such quota. Qualified quota immigrants of each quota area who are the brothers, sisters, sons, or daughters of citizens of the United States shall be entitled to a preference of not exceeding 25 per centum of the immigrant visas available for issuance for each quota area under this paragraph. (b) Quota immigrant visas issued pursuant to paragraph (1) of subsection (a) shall, in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General as provided in section 204; and shall be issued in the first calendar month after receipt of notice of approval of such petition in which a quota number is available for an immigrant chargeable to such quota area. (c) Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), and (4) of subsection (a) shall, in the case of each quota, be issued to qualified quota immigrants strictly in the chronological order in which such immigrants are registered in each class on quota waiting lists which shall be maintained for OLD LAW (2) The remainder of the quota of each nationality for such year, plus any portion of the 50 per centum referred to in paragraph (1) not required in such year for the issuance of immigration visas to the classes specified in such paragraph, shall be made available in such year for the issuance of immigration visas to quota immigrants of such nationality who are the unmarried children under twenty-one years of age, or the wives, of alien residents of the United States who were lawfully admitted to the United States for permanent residence. (3) Any portion of the quota of each nationality for such year not required for the issuance of immigration visas to the classes specified in paragraphs (1) and (2) shall be made available in such year for the issuance of immigration visas to other quota immigrants of such nationality. (Act of 1924, sec. 6 (a).) (b) The preference provided in paragraphs (1) and (2) of subdivision (a) shall, in the case of quota immigrants of any nationality, be given in the calendar month in which the right to preference is established, if the number of immigration visas which may be issued in such month to quota immigrants of such nationality has not already been issued; otherwise, in the next calendar month. (Act of 1924, sec. 6 (b).) THE IMMIGRATION AND NATIONALITY ACT, PUBLIC LAW 414 each quota in accordance with regulations prescribed by the Secretary of State. (d) In determining the order for consideration of applications for quota immigrant visas under subsection (a), consideration shall be given first to applications under paragraph (1), second to applications under paragraph (2), third to applications under paragraph (3), and fourth to applications under paragraph (4). (e) Every immigrant shall be presumed to be a quota immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and to the immigration officers, at the time of application for admission, that he is a nonquota immigrant. Every quota immigrant shall be presumed to be a nonpreference quota immigrant until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a preference quota status under paragraph (1), (2), or (3) of subsection (a) or to a preference under paragraph (4) of such subsection. PROCEDURE FOR GRANTING IMMIGRANT STATUS UNDER SECTION 101 (a) (27) (F) (i) OR SECTION 203 (a) (1) (A) SEC. 204. (a) In the case of any alien claiming in his application for an immigrant visa to be entitled to an immigrant status under section 101 (a) (27) (F) (i) or section 203 (a) (1) (A), the consular officer shall not grant such status until he has been authorized to do so as provided in this section. (b) Any person, institution, firm, organization, or governmental agency desiring to have an alien classified as an immigrant under section 101 (a) (27) (F) (i) or section 203 (a) (1) (A) shall file a petition with the Attorney General for such classification of the alien. The petition shall be in such form as the Attorney General may by regulations prescribe and shall state the basis for the need of the services of such alien and contain such additional information and be supported by such documentary evidence as may be required by the Attorney General. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer. OLD LAW (c) After an investigation of the Provided further, (4) That skilled facts in each case and after consulta- labor, if otherwise admissible, may be |