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3. List of Foreign States Subject to Annual Limitation of 20,000 In migrants Under Section 202(a) of the Immigration and Nationa ity Act

(Source: Visa Office, Department of State; as of March 15, 1989)

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Tanzania

Union of Soviet Socialist

Zaire

Republics

Zambia

United Arab Emirates

Zimbabwe

Uruguay

*Foreign states identified as "adversely affected" for purposes of implementing section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99-603).

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Foreign states which have dependent areas.

Persons born in Manchuria, Inner Mongolia, Sinkiang, and Tibet are chargeable to the limi

tation 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.

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. 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.

These foreign states are not treated as "underrepresented" for purposes of section 3 of Public Law 100-658. All other foreign states listed are treated as "underrepresented".

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4. List of Dependent Areas Subject to Annual Limitation of 5000* Immigrants under Section 202(c) of the Immigration and Nationality Act

(Source: Visa Office, Department of State; as of March 15, 1989)

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*The Immigration Reform and Control Act of 1986 (Public Law 99-603 of 11/6/86) amended section 202(c) of the Immigration and Nationality Act to increase the annual dependent area limitation from 600 to 5,000 immigrants. This amendment became effective October 1, 1987.

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.

*Dependent territories identified as "adversely affected" for purposes of implementing section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99–603).

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5. NP-5 Nonpreference Immigrant Numbers

(Source: Visa Office, Department of State, as of March 15, 1989)

Section 314 of the Immigration Reform and Control Act of 1986 (P.L. 99–603) made available 5,000 visa numbers outside the 270,000 annual numerical limitation in section 201(a) in each of fiscal years 1987 and 1988 to nonpreference immigrants. In each of fiscal years 1989 and 1990 a further 15,000 numbers were provided for the category by section 2 of P.L. 100-658.

Under section 314 such visa numbers were to be first made available to applicants from areas the immigration of whose natives to the United States was "adversely affected" by P.L. 89-236 (the Act of October 3, 1965 which revised the basis of legal immigration to the United States), in the order in which they qualified for status after enactment of the 1986 Act. The per-country numerical limitations of section 202 of the INA apply to the allocation of numbers in this category. However, immigrants in the nonpreference visa category established by this provision were exempt from the labor certification requirement of section 212(a)(14) of the INA.

The Department of State used the following definition for the determination of "adversely affected" areas: Foreign chargeability areas whose average annual rate of immigration to the United States during the period from July 1, 1966 to September 30, 1985 (i.e., during the full fiscal years after enactment of P.L. 89-236) was less than their average annual rate of immigration to the United States during the period from July 1, 1953 to June 30, 1965 (i.e., the full fiscal years between enactment of the INĂ in 1952 and P.L. 89-236 in 1965). A foreign state's average annual rate of immigration during these periods was determined by totalling the number of natives of the foreign state who were admitted to the United States for permanent residence (as reflected in annual figures of immigrants reported by the Immigration and Naturalization Service for each such period) and dividing each total by the number of fiscal years in the period; for purposes of these calculations each dependent area of a foreign state was considered separately from the governing country. The following chargeability areas were identified as "adversely affected" for purposes of implementing Section 314: ALBANIA, ALGERIA, ARGENTINA, AUSTRIA, BELGIUM, BERMUDA, CANADA, CZECHOSLOVAKIÁ, DENMARK, ESTONIA, FINLAND, FRANCE, GERMAN DEMOCRATIC REPUBLIC, FEDERAL REPUBLIC OF GERMANY, GIBRALTAR, GREAT BRITAIN AND NORTHERN IRELAND, GUADELOUPE, HUNGARY, ICELAND, INDONESIA, IRELAND, ITALY, JAPAN, LATVIA, LIECHTENSTEIN, LITHUANIA, LUXEMBOURG, MONACO, NEW CALEDONIA, NETHERLANDS, NORWAY, POLAND, SAN MARINO, SWEDEN, SWITZERLAND, AND TUNISIA. Since the heavy demand for registration by persons born in the "adversely affected" areas provided sufficient registrants to exhaust all of the visa numbers available under this provision, no numbers have been available for applicants born in other areas.

The Department of State accepted applications for registration for this nonpreference status (designated by the visa classification symbol NP-5) between January 21 and 27, 1987. Such applications, which were mailed to a specific post office box in Washington, D.C., were arranged in chronological order of receipt by the Department of State and were then formally registered by the Department of State and assigned priority dates. Approximately one million pieces of mail were received between January 21 and 27. Initially, twenty-five thousand NP-5 applicants were registered for status by the Department of State. March 5, 1987 was the last day on which NP-5 registration requests were assigned priority dates during the period of case file creation in 1987. All of the mail requesting NP-5 status sent to the Department in January 1987 has been maintained in the order of receipt from the U.S. Postal Service and will, as specifically required by P.L. 100-658, serve as the basis for additional registrations for status necessary to permit full use of the numbers provided by that Act. Registration of requests for NP-5 status will resume with the next letter in line at the point where processing in 1987 was suspended.

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