Aliens and Nationality - 8 USC Section 1151

01/03/05

Sec. 1151. Worldwide level of immigration

(a) In general
Exclusive of aliens described in subsection (b) of this section,
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 1153(a) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(a) of this title) in a
number not to exceed in any fiscal year the number specified in
subsection (c) of this section 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 1153(b) of
this title (or who are admitted under section 1181(a) of this
title on the basis of a prior issuance of a visa to their
accompanying parent under section 1153(b) of this title), in a
number not to exceed in any fiscal year the number specified in
subsection (d) of this section 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 1153(c) of this title (or who are
admitted under section 1181(a) of this title on the basis of a
prior issuance of a visa to their accompanying parent under
section 1153(c) of this title) in a number not to exceed in any
fiscal year the number specified in subsection (e) of this
section 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.
(b) Aliens not subject to direct numerical limitations
Aliens described in this subsection, who are not subject to the
worldwide levels or numerical limitations of subsection (a) of this
section, are as follows:
(1)(A) Special immigrants described in subparagraph (A) or (B)
of section 1101(a)(27) of this title.
(B) Aliens who are admitted under section 1157 of this title or
whose status is adjusted under section 1159 of this title.
(C) Aliens whose status is adjusted to permanent residence
under section 1160 or 1255a of this title.
(D) Aliens whose removal is canceled under section 1229b(a) of
this title.
(E) Aliens provided permanent resident status under section
1259 of this title.
(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 (and each
child of 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 1154(a)(1)(A)(ii) of this title within 2 years after such
date and only until the date the spouse remarries. For purposes
of this clause, an alien who has filed a petition under clause
(iii) or (iv) of section 1154(a)(1)(A) of this title remains an
immediate relative in the event that the United States citizen
spouse or parent loses United States citizenship on account of
the abuse.
(ii) Aliens admitted under section 1181(a) of this title 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 sum of the number computed under paragraph (2) and the
number computed under paragraph (4), 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.
(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) of this section 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 1153(a) of this title 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 1153(b) of this title
(relating to employment-based immigrants) during the previous
fiscal year and the number of visas issued under that section
during that year.
(4) The number computed under this paragraph for a fiscal year
(beginning with fiscal year 1999) is the number of aliens who were
paroled into the United States under section 1182(d)(5) of this
title in the second preceding fiscal year -
(A) who did not depart from the United States (without advance
parole) within 365 days; and
(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the two
preceding fiscal years, or (ii) acquired such status in such
years under a provision of law (other than subsection (b) of this
section) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
(5) If any alien described in paragraph (4) (other than an alien
described in paragraph (4)(B)(ii)) is subsequently admitted as an
alien lawfully admitted for permanent residence, such alien shall
not again be considered for purposes of paragraph (1).
(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 1153(b) of this title 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 1153(a) of this title
(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.
(f) Rules for determining whether certain aliens are immediate
relatives
(1) Age on petition filing date
Except as provided in paragraphs (2) and (3), for purposes of
subsection (b)(2)(A)(i) of this section, a determination of
whether an alien satisfies the age requirement in the matter
preceding subparagraph (A) of section 1101(b)(1) of this title
shall be made using the age of the alien on the date on which the
petition is filed with the Attorney General under section 1154 of
this title to classify the alien as an immediate relative under
subsection (b)(2)(A)(i) of this section.
(2) Age on parent's naturalization date
In the case of a petition under section 1154 of this title
initially filed for an alien child's classification as a
family-sponsored immigrant under section 1153(a)(2)(A) of this
title, based on the child's parent being lawfully admitted for
permanent residence, if the petition is later converted, due to
the naturalization of the parent, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i) of
this section, the determination described in paragraph (1) shall
be made using the age of the alien on the date of the parent's
naturalization.
(3) Age on marriage termination date
In the case of a petition under section 1154 of this title
initially filed for an alien's classification as a
family-sponsored immigrant under section 1153(a)(3) of this
title, based on the alien's being a married son or daughter of a
citizen, if the petition is later converted, due to the legal
termination of the alien's marriage, to a petition to classify
the alien as an immediate relative under subsection (b)(2)(A)(i)
of this section or as an unmarried son or daughter of a citizen
under section 1153(a)(1) of this title, the determination
described in paragraph (1) shall be made using the age of the
alien on the date of the termination of the marriage.

AMENDMENTS
2002 - Subsec. (f). Pub. L. 107-208 added subsec. (f).
2000 - Subsec. (b)(2)(A)(i). Pub. L. 106-386 inserted at end "For
purposes of this clause, an alien who has filed a petition under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title remains
an immediate relative in the event that the United States citizen
spouse or parent loses United States citizenship on account of the
abuse."
1996 - Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 671(d)(1)(A),
struck out ", 1161," after "section 1160".
Subsec. (b)(1)(D). Pub. L. 104-208, Sec. 308(g)(8)(A)(i),
substituted "section 1229b(a)" for "section 1254(a)".
Pub. L. 104-208, Sec. 308(e)(5), substituted "removal is
canceled" for "deportation is suspended".
Subsec. (c)(1)(A)(ii). Pub. L. 104-208, Sec. 603(1), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: "the
number computed under paragraph (2), plus".
Subsec. (c)(4), (5). Pub. L. 104-208, Sec. 603(2), added pars.
(4) and (5).
1994 - Subsec. (b)(2)(A)(i). Pub. L. 103-416 inserted "(and each
child of the alien)" after "death, the alien" in second sentence.
Pub. L. 103-322 substituted "1154(a)(1)(A)(ii)" for
"1154(a)(1)(A)".
1991 - Subsec. (c)(3). Pub. L. 102-232, Sec. 302(a)(1)(A), added
subpars. (A) and (B), designated existing text as subpar. (C), and
in subpar. (C) substituted "The number computed under this
paragraph for a subsequent fiscal year" for "The number computed
under this paragraph for a fiscal year".
Subsec. (d)(2). Pub. L. 102-232, Sec. 302(a)(1)(B), added
subpars. (A) and (B), designated existing text as subpar. (C), and
in subpar. (C) substituted "The number computed under this
paragraph for a subsequent fiscal year" for "The number computed
under this paragraph for a fiscal year".
1990 - Pub. L. 101-649 amended section generally, substituting
provisions setting forth general and worldwide levels for
family-sponsored, employment-based, and diversity immigrants, for
provisions setting forth numerical limitations on total lawful
admissions without breakdown as to type.
1981 - Subsec. (a). Pub. L. 97-116 inserted proviso authorizing
Secretary of State, to the extent that in a particular fiscal year
the number of aliens who are issued immigrant visas or who
otherwise acquire the status of aliens lawfully admitted for
permanent residence, and who are subject to the numerical
limitations of this section, together with the aliens who adjust
their status to aliens lawfully admitted for permanent residence
pursuant to section 1101(a)(27)(H) of this title or section 19 of
the Immigration and Nationality Amendments of 1981, exceed the
annual numerical limitation in effect, to reduce to such extent the
annual numerical limitation in effect for the following fiscal
year.
1980 - Subsec. (a). Pub. L. 96-212 inserted provisions relating
to aliens admitted or granted asylums under section 1157 or 1158 of
this title, struck out provisions relating to aliens entering
conditionally under section 1153(a)(7) of this title, and decreased
the authorized number from seventy-seven thousand to seventy-two
thousand in each of the first three-quarters of any fiscal year,
and from two hundred and ninety thousand to two hundred and seventy
thousand in any fiscal year as the maximum number of admissions for
such periods.
1978 - Subsec. (a). Pub. L. 95-412 substituted provisions
establishing a single worldwide annual immigration ceiling of
290,000 aliens and limiting to 77,000 the number of aliens subject
to such ceiling which may be admitted in each of the first three
quarters of any fiscal year for provisions establishing separate
annual immigration ceilings of 170,000 aliens for the Eastern
Hemisphere and 120,000 aliens for the Western Hemisphere and
limiting to 45,000 the number of aliens subject to the Eastern
Hemisphere ceiling and to 32,000 the number of aliens subject to
the Western Hemisphere ceiling which may be admitted in the first
three quarters of any fiscal year.
1976 - Subsec. (a). Pub. L. 94-571, Sec. 2(1), in amending
subsec. (a) generally, designated existing provisions as cl. (1)
limited to aliens born in any foreign state or dependent area
located in the Eastern Hemisphere and added cl. (2).
Subsecs. (c) to (e). Pub. L. 94-571, Sec. 2(2), struck out
subsec. (c) which provided for determination of unused quota
numbers, subsec. (d) which provided for an immigration pool,
limitation on total numbers, and allocations therefrom, and subsec.
(e) which provided for termination of immigration pool on June 30,
1968, and for carryover of admissible immigrants.
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
up a 170,000 maximum on total annual immigration and 45,000 maximum
on total quarterly immigration without regard to national origins,
for provisions setting an annual quota for quota areas which
allowed admission of one-sixth of one per centum of portion of
national population of continental United States in 1920
attributable by national origin of that quota area and setting a
minimum quota of 100 for each quota area.
Subsec. (b). Pub. L. 89-236 substituted provisions defining
"immediate relatives" for provisions calling for a determination of
annual quota for each quota area by Secretaries of State and
Commerce and Attorney General, and proclamation of quotas by
President.
Subsec. (c). Pub. L. 89-236 substituted provisions allowing
carryover through June 30, 1968, of quotas for quota areas in
effect on June 30, 1965, and redistribution of unused quota
numbers, for provisions which limited issuance of immigrant visas.
Subsec. (d). Pub. L. 89-236 substituted provisions creating an
immigration pool and allocating its numbers without reference to
the quotas to which an alien is chargeable, for provisions allowing
issuance of an immigrant visa to an immigrant as a quota immigrant
even though he might be a nonquota immigrant.
Subsec. (e). Pub. L. 89-236 substituted provisions terminating
the immigration pool on June 30, 1968, for provisions permitting
reduction of annual quotas based on national origins pursuant to
Act of Congress prior to effective date of proclaimed quotas.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-208, Sec. 8, Aug. 6, 2002, 116 Stat. 930, provided
that: "The amendments made by this Act [amending this section and
sections 1153, 1154, 1157, and 1158 of this title] shall take
effect on the date of the enactment of this Act [Aug. 6, 2002] and
shall apply to any alien who is a derivative beneficiary or any
other beneficiary of -
"(1) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) approved before
such date but only if a final determination has not been made on
the beneficiary's application for an immigrant visa or adjustment
of status to lawful permanent residence pursuant to such approved
petition;
"(2) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) pending on or
after such date; or
"(3) an application pending before the Department of Justice or
the Department of State on or after such date."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(5), (g)(8)(A)(i) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 219(dd) of Pub. L. 103-416, set out as a note under section
1101 of this title.
Section 40701(d) of Pub. L. 103-322 provided that: "The
amendments made by this section [amending this section and section
1154 of this title] shall take effect January 1, 1995."
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 310(1) of Pub. L. 102-232, set out as a note under section
1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
applicable beginning with fiscal year 1992, see section 161(a) of
Pub. L. 101-649, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-212 effective, except as otherwise
provided, Mar. 17, 1980, and applicable to fiscal years beginning
with the fiscal year beginning Oct. 1, 1979, see section 204 of
Pub. L. 96-212, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
Section 20 of Pub. L. 89-236 provided that: "This Act [amending
this section and sections 1101, 1152 to 1156, 1181, 1182, 1201,
1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this
title, repealing section 1157 of this title, and enacting
provisions set out as a note under this section] shall become
effective on the first day of the first month after the expiration
of thirty days following the date of its enactment [Oct. 3, 1965]
except as provided herein."

EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, CHILDREN,
AND PARENTS
Pub. L. 108-136, div. A, title XVII, Sec. 1703(a)-(e), Nov. 24,
2003, 117 Stat. 1693, provided that:
"(a) Treatment as Immediate Relatives. -
"(1) Spouses. - Notwithstanding the second sentence of section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), in the case of an alien who was the spouse of
a citizen of the United States at the time of the citizen's death
and was not legally separated from the citizen at the time of the
citizen's death, if the citizen served honorably in an active
duty status in the military, air, or naval forces of the United
States and died as a result of injury or disease incurred in or
aggravated by combat, the alien (and each child of the alien)
shall be considered, for purposes of section 201(b) of such Act,
to remain an immediate relative after the date of the citizen's
death, but only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act [8 U.S.C. 1154(a)(1)(A)(ii)] within
2 years after such date and only until the date the alien
remarries. For purposes of such section 204(a)(1)(A)(ii), an
alien granted relief under the preceding sentence shall be
considered an alien spouse described in the second sentence of
section 201(b)(2)(A)(i) of such Act.
"(2) Children. -
"(A) In general. - In the case of an alien who was the child
of a citizen of the United States at the time of the citizen's
death, if the citizen served honorably in an active duty status
in the military, air, or naval forces of the United States and
died as a result of injury or disease incurred in or aggravated
by combat, the alien shall be considered, for purposes of
section 201(b) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), to remain an immediate relative after the date of the
citizen's death (regardless of changes in age or marital status
thereafter), but only if the alien files a petition under
subparagraph (B) within 2 years after such date.
"(B) Petitions. - An alien described in subparagraph (A) may
file a petition with the Secretary of Homeland Security for
classification of the alien under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C. 1101 et
seq.], such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
"(3) Parents. -
"(A) In general. - In the case of an alien who was the parent
of a citizen of the United States at the time of the citizen's
death, if the citizen served honorably in an active duty status
in the military, air, or naval forces of the United States and
died as a result of injury or disease incurred in or aggravated
by combat, the alien shall be considered, for purposes of
section 201(b) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), to remain an immediate relative after the date of the
citizen's death (regardless of changes in age or marital status
thereafter), but only if the alien files a petition under
subparagraph (B) within 2 years after such date.
"(B) Petitions. - An alien described in subparagraph (A) may
file a petition with the Secretary of Homeland Security for
classification of the alien under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a petition
shall be considered a petition filed under section 204(a)(1)(A)
of such Act (8 U.S.C. 1154(a)(1)(A)).
"(C) Exception. - Notwithstanding section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen
described in subparagraph (A) does not have to be 21 years of
age for a parent to benefit under this paragraph.
"(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents. -
"(1) In general. - Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an alien
described in paragraph (2), and who applied for adjustment of
status prior to the death described in paragraph (2)(B), may have
such application adjudicated as if such death had not occurred.
"(2) Alien described. - An alien is described in this paragraph
if the alien -
"(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
"(B) died as a result of injury or disease incurred in or
aggravated by combat; and
"(C) was granted posthumous citizenship under section 329A of
the Immigration and Nationality Act (8 U.S.C. 1440-1).
"(c) Spouses and Children of Lawful Permanent Resident Aliens. -
"(1) Treatment as immediate relatives. -
"(A) In general. - A spouse or child of an alien described in
paragraph (3) who is included in a petition for classification
as a family-sponsored immigrant under section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the spouse or
child has not been admitted or approved for lawful permanent
residence by such date) a valid petitioner for immediate
relative status under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
Such spouse or child shall be eligible for deferred action,
advance parole, and work authorization.
"(B) Petitions. - An alien spouse or child described in
subparagraph (A) may file a petition with the Secretary of
Homeland Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C.
1101 et seq.], such a petition shall be considered a petition
filed under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
"(2) Self-petitions. - Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a petition
for classification as a family-sponsored immigrant may file a
petition for such classification under section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
with the Secretary of Homeland Security, but only if the spouse
or child files a petition within 2 years after such date. Such
spouse or child shall be eligible for deferred action, advance
parole, and work authorization.
"(3) Alien described. - An alien is described in this paragraph
if the alien -
"(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
"(B) died as a result of injury or disease incurred in or
aggravated by combat; and
"(C) was granted posthumous citizenship under section 329A of
the Immigration and Nationality Act (8 U.S.C. 1440-1).
"(d) Parents of Lawful Permanent Resident Aliens. -
"(1) Self-petitions. - Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a petition
within 2 years after such date. For purposes of such Act [8
U.S.C. 1101 et seq.], such petition shall be considered a
petition filed under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)). Such parent shall be eligible for deferred
action, advance parole, and work authorization.
"(2) Alien described. - An alien is described in this paragraph
if the alien -
"(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
"(B) died as a result of injury or disease incurred in or
aggravated by combat; and
"(C) was granted posthumous citizenship under section 329A of
the Immigration and Nationality Act (8 U.S.C. 1440-1).
"(e) Waiver of Ground for Inadmissibility. - In determining the
admissibility of any alien accorded an immigration benefit under
this section for purposes of the Immigration and Nationality Act [8
U.S.C. 1101 et seq.], the ground for inadmissibility specified in
section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not
apply."
[Section 1703 of Pub. L. 108-136, set out above, effective as if
enacted on Sept. 11, 2001, see section 1705(a) of Pub. L. 108-136,
set out as an Effective Date of 2003 Amendment note under section
1439 of this title.]
TEMPORARY REDUCTION IN DIVERSITY VISAS
Pub. L. 105-100, title II, Sec. 203(d), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105-139, Sec. 1(d), Dec. 2, 1997, 111
Stat. 2644, provided that:
"(1) Beginning in fiscal year 1999, subject to paragraph (2), the
number of visas available for a fiscal year under section 201(e) of
the Immigration and Nationality Act [8 U.S.C. 1151(e)] shall be
reduced by 5,000 from the number of visas otherwise available under
that section for such fiscal year.
"(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which -
"(A) one-half of the total number of individuals described in
subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 [Pub. L. 104-208, set out as a note under section
1101 of this title] who have adjusted their status to that of
aliens lawfully admitted for permanent residence under the
Nicaraguan Adjustment and Central American Relief Act [title II
of Pub. L. 105-100, see Short Title of 1997 Amendments note set
out under section 1101 of this title] as of the end of the
previous fiscal year; exceeds
"(B) the total of the reductions in available visas under this
subsection for all previous fiscal years."
TRANSITION RELATING TO DEATH OF CITIZEN SPOUSE
Section 101(c) of Pub. L. 101-649, as added by Pub. L. 102-232,
title III, Sec. 302(a)(2), Dec. 12, 1991, 105 Stat. 1742, provided
that: "In applying the second sentence of section 201(b)(2)(A)(i)
of the Immigration and Nationality Act [8 U.S.C. 1151(b)(2)(A)(i)]
(as amended by subsection (a)) in the case of a [sic] alien whose
citizen spouse died before the date of the enactment of this Act
[Nov. 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."
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS
RESIDING IN THE UNITED STATES VIRGIN ISLANDS
The numerical limitations described in subsec. (a) of this
section not to apply in the case of certain aliens residing in the
Virgin Islands seeking adjustment of their status to permanent
resident alien status, and such adjustment of status not to result
in any reduction in the number of aliens who may acquire the status
of aliens lawfully admitted to the United States for permanent
residence under this chapter, see section 2(c)(1) of Pub. L.
97-271, set out as a note under section 1255 of this title.
EXEMPTION FROM NUMERICAL LIMITATIONS FOR CERTAIN ALIENS WHO APPLIED
FOR ADJUSTMENT TO STATUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE
JUNE 1, 1978
Section 19 of Pub. L. 97-116 provided that: "The numerical
limitations contained in sections 201 and 202 of the Immigration
and Nationality Act [sections 1151 and 1152 of this title] shall
not apply to any alien who is present in the United States and who,
on or before June 1, 1978 -
"(1) qualified as a nonpreference immigrant under section
203(a)(8) of such Act [section 1153(a)(8) of this title] (as in
effect on June 1, 1978);
"(2) was determined to be exempt from the labor certification
requirement of section 212(a)(14) of such Act [former section
1182(a)(14) of this title] because the alien had actually
invested, before such date, capital in an enterprise in the
United States of which the alien became a principal manager and
which employed a person or persons (other than the spouse or
children of the alien) who are citizens of the United States or
aliens lawfully admitted for permanent residence; and
"(3) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence."
SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY
Section 4 of Pub. L. 95-412, as amended by Pub. L. 96-132, Sec.
23, Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of
a Select Commission on Immigration and Refugee Policy to study and
evaluate existing laws, policies, and procedures governing the
admission of immigrants and refugees to the United States, to make
such administrative and legislative recommendations to the
President and Congress as appropriate, and to submit a final report
no later than Mar. 1, 1981, at which time it ceased to exist
although it was authorized to function for up to 60 days thereafter
to wind up its affairs.
SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATION
Section 21(a)-(d) and (f)-(h) of Pub. L. 89-236 established a
Select Commission on Western Hemisphere Immigration to study the
operation of the immigration laws of the United States as they
pertain to Western Hemisphere nations, with emphasis on the
adequacy of such laws from the standpoint of fairness and the
impact of such laws on employment and working conditions within the
United States, and to make a final report to the President on or
before Jan. 15, 1968, and terminate not later than 60 days after
filing the final report.
TERMINATION OF QUOTA DEDUCTIONS
Section 10 of Pub. L. 85-316, Sept. 11, 1957, 71 Stat. 642,
provided that the quota deductions required under the provisions of
former subsec. (e) of this section, the Displaced Persons Act of
1948, as amended, the act of June 30, 1950, and the act of April 9,
1952 were terminated effective July 1, 1957.

Last modified: June 14, 2006