Aliens and Nationality - 8 USC Section 1152

01/03/05

Sec. 1152. Numerical limitations on individual foreign states

(a) Per country level
(1) Nondiscrimination
(A) Except as specifically provided in paragraph (2) and in
sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title,
no person shall receive any preference or priority or be
discriminated against in the issuance of an immigrant visa
because of the person's race, sex, nationality, place of birth,
or place of residence.
(B) Nothing in this paragraph shall be construed to limit the
authority of the Secretary of State to determine the procedures
for the processing of immigrant visa applications or the
locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based
immigrants
Subject to paragraphs (3), (4), and (5), the total number of
immigrant visas made available to natives of any single foreign
state or dependent area under subsections (a) and (b) of section
1153 of this title in any fiscal year may not exceed 7 percent
(in the case of a single foreign state) or 2 percent (in the case
of a dependent area) of the total number of such visas made
available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to
one or more foreign states or dependent areas, the total number
of visas available under both subsections (a) and (b) of section
1153 of this title for a calendar quarter exceeds the number of
qualified immigrants who otherwise may be issued such a visa,
paragraph (2) shall not apply to visas made available to such
states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children of lawful permanent
resident aliens
(A) 75 percent of 2nd preference set-aside for spouses and
children not subject to per country limitation
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 1153(a)(2)(A)
of this title in any fiscal year, 75 percent of the 2-A floor
(as defined in clause (ii)) shall be issued without regard to
the numerical limitation under paragraph (2).
(ii) "2-A floor" defined
In this paragraph, the term "2-A floor" means, for a fiscal
year, 77 percent of the total number of visas made available
under section 1153(a) of this title to immigrants described
in section 1153(a)(2) of this title in the fiscal year.
(B) Treatment of remaining 25 percent for countries subject to
subsection (e)
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 1153(a)(2)(A)
of this title in any fiscal year, the remaining 25 percent of
the 2-A floor shall be available in the case of a state or
area that is subject to subsection (e) of this section only
to the extent that the total number of visas issued in
accordance with subparagraph (A) to natives of the foreign
state or area is less than the subsection (e) ceiling (as
defined in clause (ii)).
(ii) "Subsection (e) ceiling" defined
In clause (i), the term "subsection (e) ceiling" means, for
a foreign state or dependent area, 77 percent of the maximum
number of visas that may be made available under section
1153(a) of this title to immigrants who are natives of the
state or area under section 1153(a)(2) of this title
consistent with subsection (e) of this section.
(C) Treatment of unmarried sons and daughters in countries
subject to subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, the number of immigrant
visas that may be made available to natives of the state or
area under section 1153(a)(2)(B) of this title may not exceed -

(i) 23 percent of the maximum number of visas that may be
made available under section 1153(a) of this title to
immigrants of the state or area described in section
1153(a)(2) of this title consistent with subsection (e) of
this section, or
(ii) the number (if any) by which the maximum number of
visas that may be made available under section 1153(a) of
this title to immigrants of the state or area described in
section 1153(a)(2) of this title consistent with subsection
(e) of this section exceeds the number of visas issued under
section 1153(a)(2)(A) of this title,
whichever is greater.
(D) Limiting pass down for certain countries subject to
subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, if the total number of
visas issued under section 1153(a)(2) of this title exceeds the
maximum number of visas that may be made available to
immigrants of the state or area under section 1153(a)(2) of
this title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying
paragraphs (3) and (4) of section 1153(a) of this title under
subsection (e)(2) of this section all visas shall be deemed to
have been required for the classes specified in paragraphs (1)
and (2) of such section.
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1),
(2), (3), (4), or (5) of section 1153(b) of this title for a
calendar quarter exceeds the number of qualified immigrants who
may otherwise be issued such visas, the visas made available
under that paragraph shall be issued without regard to the
numerical limitation under paragraph (2) of this subsection
during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, if the total number of
visas issued under section 1153(b) of this title exceeds the
maximum number of visas that may be made available to
immigrants of the state or area under section 1153(b) of this
title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying
subsection (e) of this section all visas shall be deemed to
have been required for the classes of aliens specified in
section 1153(b) of this title.
(b) Rules for chargeability
Each independent country, self-governing dominion, mandated
territory, and territory under the international trusteeship system
of the United Nations, other than the United States and its
outlying possessions, shall be treated as a separate foreign state
for the purposes of a numerical level established under subsection
(a)(2) of this section when approved by the Secretary of State. All
other inhabited lands shall be attributed to a foreign state
specified by the Secretary of State. For the purposes of this
chapter the foreign state to which an immigrant is chargeable shall
be determined by birth within such foreign state except that (1) an
alien child, when accompanied by or following to join his alien
parent or parents, may be charged to the foreign state of either
parent if such parent has received or would be qualified for an
immigrant visa, if necessary to prevent the separation of the child
from the parent or parents, and if immigration charged to the
foreign state to which such parent has been or would be chargeable
has not reached a numerical level established under subsection
(a)(2) of this section for that fiscal year; (2) if an alien is
chargeable to a different foreign state from that of his spouse,
the foreign state to which such alien is chargeable may, if
necessary to prevent the separation of husband and wife, be
determined by the foreign state of the spouse he is accompanying or
following to join, if such spouse has received or would be
qualified for an immigrant visa and if immigration charged to the
foreign state to which such spouse has been or would be chargeable
has not reached a numerical level established under subsection
(a)(2) of this section for that fiscal year; (3) an alien born in
the United States shall be considered as having been born in the
country of which he is a citizen or subject, or, if he is not a
citizen or subject of any country, in the last foreign country in
which he had his residence as determined by the consular officer;
and (4) an alien born within any foreign state in which neither of
his parents was born and in which neither of his parents had a
residence at the time of such alien's birth may be charged to the
foreign state of either parent.
(c) Chargeability for dependent areas
Any immigrant born in a colony or other component or dependent
area of a foreign state overseas from the foreign state, other than
an alien described in section 1151(b) of this title, shall be
chargeable for the purpose of the limitation set forth in
subsection (a) of this section, to the foreign state.
(d) Changes in territory
In the case of any change in the territorial limits of foreign
states, the Secretary of State shall, upon recognition of such
change issue appropriate instructions to all diplomatic and
consular offices.
(e) Special rules for countries at ceiling
If it is determined that the total number of immigrant visas made
available under subsections (a) and (b) of section 1153 of this
title to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) of
this section in any fiscal year, in determining the allotment of
immigrant visa numbers to natives under subsections (a) and (b) of
section 1153 of this title, visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable
and otherwise consistent with this section and section 1153 of this
title) in a manner so that -
(1) the ratio of the visa numbers made available under section
1153(a) of this title to the visa numbers made available under
section 1153(b) of this title is equal to the ratio of the
worldwide level of immigration under section 1151(c) of this
title to such level under section 1151(d) of this title;
(2) except as provided in subsection (a)(4) of this section,
the proportion of the visa numbers made available under each of
paragraphs (1) through (4) of section 1153(a) of this title is
equal to the ratio of the total number of visas made available
under the respective paragraph to the total number of visas made
available under section 1153(a) of this title, and
(3) except as provided in subsection (a)(5) of this section,
the proportion of the visa numbers made available under each of
paragraphs (1) through (5) of section 1153(b) of this title is
equal to the ratio of the total number of visas made available
under the respective paragraph to the total number of visas made
available under section 1153(b) of this title.
Nothing in this subsection shall be construed as limiting the
number of visas that may be issued to natives of a foreign state or
dependent area under section 1153(a) or 1153(b) of this title if
there is insufficient demand for visas for such natives under
section 1153(b) or 1153(a) of this title, respectively, or as
limiting the number of visas that may be issued under section
1153(a)(2)(A) of this title pursuant to subsection (a)(4)(A) of
this section.

AMENDMENTS
2000 - Subsec. (a)(2). Pub. L. 106-313, Sec. 104(b)(1),
substituted "paragraphs (3), (4), and (5)" for "paragraphs (3) and
(4)".
Subsec. (a)(5). Pub. L. 106-313, Sec. 104(a), added par. (5).
Subsec. (e)(3). Pub. L. 106-313, Sec. 104(b)(2), substituted
"except as provided in subsection (a)(5) of this section, the
proportion of the visa numbers" for "the proportion of the visa
numbers".
1996 - Subsec. (a)(1). Pub. L. 104-208 designated existing
provisions as subpar. (A) and added subpar. (B).
1991 - Subsec. (a)(4)(A). Pub. L. 102-232 struck out "minimum"
before "2nd preference set-aside" in heading.
1990 - Subsec. (a). Pub. L. 101-649, Sec. 102(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: "No
person shall receive any preference or priority or be discriminated
against in the issuance of an immigrant visa because of his race,
sex, nationality, place of birth, or place of residence, except as
specifically provided in sections 1101(a)(27), 1151(b), and 1153 of
this title: Provided, That the total number of immigrant visas made
available to natives of any single foreign state under paragraphs
(1) through (7) of section 1153(a) of this title shall not exceed
20,000 in any fiscal year: And provided further, That to the extent
that in a particular fiscal year the number of such natives who are
issued immigrant visas or who may 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 from the same foreign state who adjust their status to
aliens lawfully admitted for permanent residence pursuant to
subparagraph (H) of section 1101(a)(27) of this title or section 19
of the Immigration and Nationality Amendments Act of 1981, exceed
the numerical limitation in effect for such year pursuant to this
section, the Secretary of State shall reduce to such extent the
numerical limitation in effect for the natives of the same foreign
state pursuant to this section for the following fiscal year."
Subsec. (b). Pub. L. 101-649, Sec. 102(2), inserted heading and
substituted reference to numerical level established under subsec.
(a)(2) of this section for reference to numerical limitation set
forth in proviso to subsec. (a) of this section, wherever
appearing.
Subsec. (c). Pub. L. 101-649, Sec. 102(3), inserted heading and
substituted "an alien described in section 1151(b) of this title"
for "a special immigrant, as defined in section 1101(a)(27) of this
title, or an immediate relative of a United States citizen, as
defined in section 1151(b) of this title" and struck out ", and the
number of immigrant visas available to each such colony or other
component or dependent area shall not exceed 5,000 in any one
fiscal year" after "to the foreign state".
Subsec. (d). Pub. L. 101-649, Sec. 102(4), inserted heading.
Subsec. (e). Pub. L. 101-649, Sec. 102(5), amended subsec. (e)
generally, substituting provisions relating to special rules for
countries at ceiling for provisions relating to availability and
allocation of additional visas.
1988 - Subsec. (b). Pub. L. 100-525, Sec. 8(c), amended Pub. L.
99-653, Sec. 4. See 1986 Amendment note below.
Subsec. (c). Pub. L. 100-525, Sec. 9(f)(1), substituted
"subsection (a)" for "section 202(a)" in original, which for
purposes of codification had been translated as "subsection (a) of
this section".
Subsec. (e). Pub. L. 100-525, Sec. 9(f)(2), substituted "this
section" for "section 202" in original, which for purposes of
codification had been translated as "this section".
1986 - Subsec. (b). Pub. L. 99-653, as amended by Pub. L.
100-525, Sec. 8(c), amended subsec. (b) generally, substituting
"outlying possessions, shall" for "outlying possessions shall", in
cl. (1) substituting "when accompanied by or following to join his
alien" for "when accompanied by his alien", "charged to the foreign
state of either parent" for "charged to the same foreign state as
the accompanying parent or of either accompanying parent", "from
the parent" for "from the accompanying parent", "and if immigration
charged to the foreign state to which such parent has been or would
be chargeable has not reached the numerical" for "and if the
foreign state to which such parent has been or would be chargeable
has not exceeded the numerical", in cl. (2) substituting "of his
spouse" for "of his accompanying spouse", "of the spouse he is
accompanying or following to join" for "of the accompanying
spouse", "and if immigration charged to the foreign state to which
such spouse has been or would be chargeable has not reached the
numerical" for "and if the foreign state to which such spouse has
been or would be chargeable has not exceeded the numerical", and in
cl. (3) substituting "subject, or, if" for "subject, or if" and
"country, in" for "country then in".
Subsec. (c). Pub. L. 99-603, Sec. 311(a)(1), substituted "5,000"
for "six hundred".
Subsec. (e). Pub. L. 99-603, Sec. 311(a)(2), substituted "5,000"
for "600" in provisions preceding par. (1).
1981 - Subsec. (a). Pub. L. 97-116, Sec. 20(b), inserted proviso
authorizing Secretary of State, to the extent that in a particular
fiscal year the number of natives who are issued visas or who
otherwise acquire the status of aliens lawfully admitted for
permanent residence, and who are subject to the numerical
limitation of this section, together with the aliens from the same
foreign state who adjust their status to aliens lawfully admitted
for permanent residence pursuant to section 1101(a)(27)(H) of this
title and section 19 of the Immigration and Nationality Amendments
of 1981, exceed the annual numerical limitation in effect for such
year, to reduce to such extent the numerical limitation in effect
for the natives of the same foreign state for the following fiscal
year.
Subsec. (b). Pub. L. 97-116, Sec. 18(c), inserted "and" before
"(4)".
1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(b)(1), (2),
substituted "through (7)" for "through (8)", and struck out "and
the number of conditional entries" after "visas".
Subsec. (e). Pub. L. 96-212, Sec. 203(b)(3)-(7), in introductory
text struck out provisions relating to applicability to conditional
entries, in par. (2) substituted "(26)" for "(20)", struck out par.
(7) relating to availability of conditional entries, and
redesignated par. (8) as (7) and substituted "through (6)" for
"through (7)".
1978 - Subsec. (c). Pub. L. 95-412 substituted "limitation set
forth in subsection (a) of this section, to the foreign state," for
"limitations set forth in section 1151(a) and subsection (a) of
this section, to the hemisphere in which such colony or other
component or dependent area is located, and to the foreign state,
respectively," and "six hundred" for "600".
1976 - Subsec. (a). Pub. L. 94-571, Sec. 3(1), struck out last
proviso which read: "Provided further, That the foregoing proviso
shall not operate to reduce the number of immigrants who may be
admitted under the quota of any quota area before June 30, 1968".
Subsec. (c). Pub. L. 94-571, Sec. 3(2), in revising provisions,
substituted "overseas from the foreign state, other than a special
immigrant, as defined in section 1101(a)(27) of this title, or an
immediate relative of a United States citizen, as defined in
section 1151(b) of this title, shall be chargeable for the purpose
of the limitations set forth in section 1151(a) of this title and
subsection (a) of this section, to the hemisphere in which such
colony or other component or dependent area is located, and to the
foreign state, respectively, and the number of immigrant visas
available to each such colony or other component or dependent area
shall not exceed 600 in any one fiscal year" for "unless a special
immigrant as provided in section 1101(a)(27) of this title or an
immediate relative of a United States citizen as specified in
section 1151(b) of this title, shall be chargeable, for the purpose
of limitation set forth in subsection (a) of this section, to the
foreign state, except that the number of persons born in any such
colony or other component or dependent area overseas from the
foreign state chargeable to the foreign state in any one fiscal
year shall not exceed 1 per centum of the maximum number of
immigrant visas available to such foreign state".
Subsec. (e). Pub. L. 94-571, Sec. 3(3), added subsec. (e).
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
prohibiting preferences or priorities or discrimination in the
issuance of an immigrant visa because of race, sex, nationality,
place of birth, or place of residence, setting a limit of 20,000
per year on the total number of entries available to natives of any
single foreign state, and prohibiting the 20,000 limitation from
reducing the number of immigrants under the quota of any quota area
before June 30, 1968, for provisions calling for the charging of
immigrants, with certain exceptions, to the annual quota of the
quota area of his birth.
Subsec. (b). Pub. L. 89-236 substituted provisions calling for
treatment of each independent country, self-governing dominion,
mandated territory, and trusteeship territory as a separate foreign
state for purposes of determining the numerical limitation imposed
on each foreign state, and chargeability of immigrants to the
country of their birth except where such chargeability would cause
the family unit to be divided, for provisions setting up the
Asia-Pacific triangle and providing for the special treatment of
quota chargeability thereunder on the basis of racial ancestry.
Subsec. (c). Pub. L. 89-236 substituted provisions making
immigrants born in colonies or other component or dependent areas
of a foreign state chargeable to the foreign state and placing a
limitation on the number of such immigrants of 1 per centum of the
maximum number of visas available to the foreign state, for
provisions making immigrants born in colonies for which no specific
quota are set chargeable to the governing country and placing a
limit of 100 on such immigrants from each governing country each
year, with special application to the Asia-Pacific triangle.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring
Secretary of State, upon a change in the territorial limits of
foreign states, to issue appropriate instructions to all diplomatic
and consular offices, for provisions that the terms of an
immigration quota for a quota area do not constitute recognition of
the transfer of territory or of a government not recognized by the
United States.
Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which allowed
revision of quotas.
1961 - Subsec. (e). Pub. L. 87-301 provided that if an area
undergoes a change of administrative arrangements, boundaries, or
other political change, the annual quota of the newly established
area, or the visas authorized to be issued shall not be less than
the total of quotas in effect or visas authorized for the area
immediately preceding the change, and deleted provisions which in
the event of an increase in minimum quota areas above twenty in the
Asia-Pacific triangle, would proportionately decrease each quota of
the area so the sum of all area quotas did not exceed two thousand.
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 1988 AMENDMENT
Amendment by section 8(c) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
L. 102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-653 applicable to visas issued, and
admissions occurring, on or after Nov. 14, 1986, see section 23(a)
of Pub. L. 99-653, set out as a note under section 1101 of this
title.
Section 311(b) of Pub. L. 99-603 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
fiscal years beginning after the date of the enactment of this Act
[Nov. 6, 1986]."
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, Apr. 1, 1980, 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
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS
Section 103 of Pub. L. 101-649 provided that: "The approval
referred to in the first sentence of section 202(b) of the
Immigration and Nationality Act [8 U.S.C. 1152(b)] shall be
considered to have been granted, effective beginning with fiscal
year 1991, with respect to Hong Kong 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 [8 U.S.C. 1153(a), (b)] in each of fiscal
years 1991, 1992, and 1993 may not exceed 10,000."
[Section 103 of Pub. L. 101-649 effective Nov. 29, 1990, and
(unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.]
INAPPLICABILITY OF NUMERICAL LIMITATIONS FOR CERTAIN ALIENS
RESIDING IN THE UNITED STATES VIRGIN ISLANDS
The numerical limitations described in text 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
For provisions rendering inapplicable the numerical limitations
contained in this section to certain aliens who had applied for
adjustment to the status of permanent resident alien on or before
June 1, 1978, see section 19 of Pub. L. 97-116, set out as a note
under section 1151 of this title.
APPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE
FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT
VISAS
Pub. L. 97-113, title VII, Sec. 714, Dec. 29, 1981, 95 Stat.
1548, provided that: "The approval referred to in the first
sentence of section 202(b) of the Immigration and Nationality Act
[subsec. (b) of this section] shall be considered to have been
granted with respect to Taiwan (China)."

Last modified: June 14, 2006