Aliens and Nationality - 8 USC Section 1153

01/03/05

Sec. 1153. Allocation of immigrant visas

(a) Preference allocation for family-sponsored immigrants
Aliens subject to the worldwide level specified in section
1151(c) of this title for family-sponsored immigrants shall be
allotted visas as follows:
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a
number not to exceed 23,400, plus any visas not required for the
class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of
permanent resident aliens
Qualified immigrants -
(A) who are the spouses or children of an alien lawfully
admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but
are not the children) of an alien lawfully admitted for
permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus
the number (if any) by which such worldwide level exceeds
226,000, plus any visas not required for the class specified in
paragraph (1); except that not less than 77 percent of such visa
numbers shall be allocated to aliens described in subparagraph
(A).
(3) Married sons and married daughters of citizens
Qualified immigrants who are the married sons or married
daughters of citizens of the United States shall be allocated
visas in a number not to exceed 23,400, plus any visas not
required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers or sisters of
citizens of the United States, if such citizens are at least 21
years of age, shall be allocated visas in a number not to exceed
65,000, plus any visas not required for the classes specified in
paragraphs (1) through (3).
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section
1151(d) of this title for employment-based immigrants in a fiscal
year shall be allotted visas as follows:
(1) Priority workers
Visas shall first be made available in a number not to exceed
28.6 percent of such worldwide level, plus any visas not required
for the classes specified in paragraphs (4) and (5), to qualified
immigrants who are aliens described in any of the following
subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences,
arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim
and whose achievements have been recognized in the field
through extensive documentation,
(ii) the alien seeks to enter the United States to continue
work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will
substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding
in a specific academic area,
(ii) the alien has at least 3 years of experience in
teaching or research in the academic area, and
(iii) the alien seeks to enter the United States -
(I) for a tenured position (or tenure-track position)
within a university or institution of higher education to
teach in the academic area,
(II) for a comparable position with a university or
institution of higher education to conduct research in the
area, or
(III) for a comparable position to conduct research in
the area with a department, division, or institute of a
private employer, if the department, division, or institute
employs at least 3 persons full-time in research activities
and has achieved documented accomplishments in an academic
field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in
the 3 years preceding the time of the alien's application for
classification and admission into the United States under this
subparagraph, has been employed for at least 1 year by a firm
or corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the United
States in order to continue to render services to the same
employer or to a subsidiary or affiliate thereof in a capacity
that is managerial or executive.
(2) Aliens who are members of the professions holding advanced
degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required
for the classes specified in paragraph (1), to qualified
immigrants who are members of the professions holding advanced
degrees or their equivalent or who because of their exceptional
ability in the sciences, arts, or business, will substantially
benefit prospectively the national economy, cultural or
educational interests, or welfare of the United States, and
whose services in the sciences, arts, professions, or business
are sought by an employer in the United States.
(B) Waiver of job offer
(i) National interest waiver
Subject to clause (ii), the Attorney General may, when the
Attorney General deems it to be in the national interest,
waive the requirements of subparagraph (A) that an alien's
services in the sciences, arts, professions, or business be
sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans
facilities
(I) In general
The Attorney General shall grant a national interest
waiver pursuant to clause (i) on behalf of any alien
physician with respect to whom a petition for preference
classification has been filed under subparagraph (A) if -
(aa) the alien physician agrees to work full time as a
physician in an area or areas designated by the Secretary
of Health and Human Services as having a shortage of
health care professionals or at a health care facility
under the jurisdiction of the Secretary of Veterans
Affairs; and
(bb) a Federal agency or a department of public health
in any State has previously determined that the alien
physician's work in such an area or at such facility was
in the public interest.
(II) Prohibition
No permanent resident visa may be issued to an alien
physician described in subclause (I) by the Secretary of
State under section 1154(b) of this title, and the Attorney
General may not adjust the status of such an alien
physician from that of a nonimmigrant alien to that of a
permanent resident alien under section 1255 of this title,
until such time as the alien has worked full time as a
physician for an aggregate of 5 years (not including the
time served in the status of an alien described in section
1101(a)(15)(J) of this title), in an area or areas
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals or at a
health care facility under the jurisdiction of the
Secretary of Veterans Affairs.
(III) Statutory construction
Nothing in this subparagraph may be construed to prevent
the filing of a petition with the Attorney General for
classification under section 1154(a) of this title, or the
filing of an application for adjustment of status under
section 1255 of this title, by an alien physician described
in subclause (I) prior to the date by which such alien
physician has completed the service described in subclause
(II).
(IV) Effective date
The requirements of this subsection do not affect waivers
on behalf of alien physicians approved under subsection
(b)(2)(B) of this section before the enactment date of this
subsection. In the case of a physician for whom an
application for a waiver was filed under subsection
(b)(2)(B) of this section prior to November 1, 1998, the
Attorney General shall grant a national interest waiver
pursuant to subsection (b)(2)(B) of this section except
that the alien is required to have worked full time as a
physician for an aggregate of 3 years (not including time
served in the status of an alien described in section
1101(a)(15)(J) of this title) before a visa can be issued
to the alien under section 1154(b) of this title or the
status of the alien is adjusted to permanent resident under
section 1255 of this title.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant
has exceptional ability, the possession of a degree, diploma,
certificate, or similar award from a college, university,
school, or other institution of learning or a license to
practice or certification for a particular profession or
occupation shall not by itself be considered sufficient
evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required
for the classes specified in paragraphs (1) and (2), to the
following classes of aliens who are not described in paragraph
(2):
(i) Skilled workers
Qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing skilled labor (requiring at least 2 years training
or experience), not of a temporary or seasonal nature, for
which qualified workers are not available in the United
States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who
are members of the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of
performing unskilled labor, not of a temporary or seasonal
nature, for which qualified workers are not available in the
United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this
paragraph in any fiscal year may be available for qualified
immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under
subparagraph (A) until the consular officer is in receipt of a
determination made by the Secretary of Labor pursuant to the
provisions of section 1182(a)(5)(A) of this title.
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified special immigrants
described in section 1101(a)(27) of this title (other than those
described in subparagraph (A) or (B) thereof), of which not more
than 5,000 may be made available in any fiscal year to special
immigrants described in subclause (II) or (III) of section
1101(a)(27)(C)(ii) of this title, and not more than 100 may be
made available in any fiscal year to special immigrants,
excluding spouses and children, who are described in section
1101(a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified immigrants
seeking to enter the United States for the purpose of engaging
in a new commercial enterprise (including a limited
partnership) -
(i) in which such alien has invested (after November 29,
1990) or, is actively in the process of investing, capital in
an amount not less than the amount specified in subparagraph
(C), and
(ii) which will benefit the United States economy and
create full-time employment for not fewer than 10 United
States citizens or aliens lawfully admitted for permanent
residence or other immigrants lawfully authorized to be
employed in the United States (other than the immigrant and
the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made available under this
paragraph in each fiscal year shall be reserved for qualified
immigrants who invest in a new commercial enterprise
described in subparagraph (A) which will create employment in
a targeted employment area.
(ii) "Targeted employment area" defined
In this paragraph, the term "targeted employment area"
means, at the time of the investment, a rural area or an area
which has experienced high unemployment (of at least 150
percent of the national average rate).
(iii) "Rural area" defined
In this paragraph, the term "rural area" means any area
other than an area within a metropolitan statistical area or
within the outer boundary of any city or town having a
population of 20,000 or more (based on the most recent
decennial census of the United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the
amount of capital required under subparagraph (A) shall be
$1,000,000. The Attorney General, in consultation with the
Secretary of Labor and the Secretary of State, may from time
to time prescribe regulations increasing the dollar amount
specified under the previous sentence.
(ii) Adjustment for targeted employment areas
The Attorney General may, in the case of investment made in
a targeted employment area, specify an amount of capital
required under subparagraph (A) that is less than (but not
less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a part of a
metropolitan statistical area that at the time of the
investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly
below the national average unemployment rate,
the Attorney General may specify an amount of capital
required under subparagraph (A) that is greater than (but not
greater than 3 times) the amount specified in clause (i).
(D) Full-time employment defined
In this paragraph, the term "full-time employment" means
employment in a position that requires at least 35 hours of
service per week at any time, regardless of who fills the
position.
(6) Special rules for "K" special immigrants
(A) Not counted against numerical limitation in year involved
Subject to subparagraph (B), the number of immigrant visas
made available to special immigrants under section
1101(a)(27)(K) of this title in a fiscal year shall not be
subject to the numerical limitations of this subsection or of
section 1152(a) of this title.
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant classifications
The number of visas made available in any fiscal year under
paragraphs (1), (2), and (3) shall each be reduced by 1/3
of the number of visas made available in the previous fiscal
year to special immigrants described in section
1101(a)(27)(K) of this title.
(ii) Reduction in per country level
The number of visas made available in each fiscal year to
natives of a foreign state under section 1152(a) of this
title shall be reduced by the number of visas made available
in the previous fiscal year to special immigrants described
in section 1101(a)(27)(K) of this title who are natives of
the foreign state.
(iii) Reduction in employment-based immigrant classifications
within per country ceiling
In the case of a foreign state subject to section 1152(e)
of this title in a fiscal year (and in the previous fiscal
year), the number of visas made available and allocated to
each of paragraphs (1) through (3) of this subsection in the
fiscal year shall be reduced by 1/3 of the number of visas
made available in the previous fiscal year to special
immigrants described in section 1101(a)(27)(K) of this title
who are natives of the foreign state.
(c) Diversity immigrants
(1) In general
Except as provided in paragraph (2), aliens subject to the
worldwide level specified in section 1151(e) of this title for
diversity immigrants shall be allotted visas each fiscal year as
follows:
(A) Determination of preference immigration
The Attorney General shall determine for the most recent
previous 5-fiscal-year period for which data are available, the
total number of aliens who are natives of each foreign state
and who (i) were admitted or otherwise provided lawful
permanent resident status (other than under this subsection)
and (ii) were subject to the numerical limitations of section
1151(a) of this title (other than paragraph (3) thereof) or who
were admitted or otherwise provided lawful permanent resident
status as an immediate relative or other alien described in
section 1151(b)(2) of this title.
(B) Identification of high-admission and low-admission regions
and high-admission and low-admission states
The Attorney General -
(i) shall identify -
(I) each region (each in this paragraph referred to as a
"high-admission region") for which the total of the numbers
determined under subparagraph (A) for states in the region
is greater than 1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph referred
to as a "low-admission region"); and
(ii) shall identify -
(I) each foreign state for which the number determined
under subparagraph (A) is greater than 50,000 (each such
state in this paragraph referred to as a "high-admission
state"), and
(II) each other foreign state (each such state in this
paragraph referred to as a "low-admission state").
(C) Determination of percentage of worldwide immigration
attributable to high-admission regions
The Attorney General shall determine the percentage of the
total of the numbers determined under subparagraph (A) that are
numbers for foreign states in high-admission regions.
(D) Determination of regional populations excluding
high-admission states and ratios of populations of regions
within low-admission regions and high-admission regions
The Attorney General shall determine -
(i) based on available estimates for each region, the total
population of each region not including the population of any
high-admission state;
(ii) for each low-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for all
the low-admission regions; and
(iii) for each high-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for all
the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states
The percentage of visas made available under this paragraph
to natives of a high-admission state is 0.
(ii) For low-admission states in low-admission regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a low-admission region
is the product of -
(I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined
under subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a high-admission region
is the product of -
(I) 100 percent minus the percentage determined under
subparagraph (C), and
(II) the population ratio for that region determined
under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that the number of
immigrant visas to be issued to natives in any region for a
fiscal year under this paragraph is less than the number of
immigrant visas made available to such natives under this
paragraph for the fiscal year, subject to clause (v), the
excess visa numbers shall be made available to natives (other
than natives of a high-admission state) of the other regions
in proportion to the percentages otherwise specified in
clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state
The percentage of visas made available under this paragraph
to natives of any single foreign state for any fiscal year
shall not exceed 7 percent.
(F) "Region" defined
Only for purposes of administering the diversity program
under this subsection, Northern Ireland shall be treated as a
separate foreign state, each colony or other component or
dependent area of a foreign state overseas from the foreign
state shall be treated as part of the foreign state, and the
areas described in each of the following clauses shall be
considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the
Caribbean.
(2) Requirement of education or work experience
An alien is not eligible for a visa under this subsection
unless the alien -
(A) has at least a high school education or its equivalent,
or
(B) has, within 5 years of the date of application for a visa
under this subsection, at least 2 years of work experience in
an occupation which requires at least 2 years of training or
experience.
(3) Maintenance of information
The Secretary of State shall maintain information on the age,
occupation, education level, and other relevant characteristics
of immigrants issued visas under this subsection.
(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D),
or (E) of section 1101(b)(1) of this title shall, if not otherwise
entitled to an immigrant status and the immediate issuance of a
visa under subsection (a), (b), or (c) of this section, be entitled
to the same status, and the same order of consideration provided in
the respective subsection, if accompanying or following to join,
the spouse or parent.
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of
this section shall be issued to eligible immigrants in the order in
which a petition in behalf of each such immigrant is filed with the
Attorney General (or in the case of special immigrants under
section 1101(a)(27)(D) of this title, with the Secretary of State)
as provided in section 1154(a) of this title.
(2) Immigrant visa numbers made available under subsection (c) of
this section (relating to diversity immigrants) shall be issued to
eligible qualified immigrants strictly in a random order
established by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section
shall be maintained in accordance with regulations prescribed by
the Secretary of State.
(f) Authorization for issuance
In the case of any alien claiming in his application for an
immigrant visa to be described in section 1151(b)(2) of this title
or in subsection (a), (b), or (c) of this section, the consular
officer shall not grant such status until he has been authorized to
do so as provided by section 1154 of this title.
(g) Lists
For purposes of carrying out the Secretary's responsibilities in
the orderly administration of this section, the Secretary of State
may make reasonable estimates of the anticipated numbers of visas
to be issued during any quarter of any fiscal year within each of
the categories under subsections (a), (b), and (c) of this section
and to rely upon such estimates in authorizing the issuance of
visas. The Secretary of State shall terminate the registration of
any alien who fails to apply for an immigrant visa within one year
following notification to the alien of the availability of such
visa, but the Secretary shall reinstate the registration of any
such alien who establishes within 2 years following the date of
notification of the availability of such visa that such failure to
apply was due to circumstances beyond the alien's control.
(h) Rules for determining whether certain aliens are children
(1) In general
For purposes of subsections (a)(2)(A) and (d) 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 -
(A) the age of the alien on the date on which an immigrant
visa number becomes available for such alien (or, in the case
of subsection (d) of this section, the date on which an
immigrant visa number became available for the alien's parent),
but only if the alien has sought to acquire the status of an
alien lawfully admitted for permanent residence within one year
of such availability; reduced by
(B) the number of days in the period during which the
applicable petition described in paragraph (2) was pending.
(2) Petitions described
The petition described in this paragraph is -
(A) with respect to a relationship described in subsection
(a)(2)(A) of this section, a petition filed under section 1154
of this title for classification of an alien child under
subsection (a)(2)(A) of this section; or
(B) with respect to an alien child who is a derivative
beneficiary under subsection (d) of this section, a petition
filed under section 1154 of this title for classification of
the alien's parent under subsection (a), (b), or (c) of this
section.
(3) Retention of priority date
If the age of an alien is determined under paragraph (1) to be
21 years of age or older for the purposes of subsections
(a)(2)(A) and (d) of this section, the alien's petition shall
automatically be converted to the appropriate category and the
alien shall retain the original priority date issued upon receipt
of the original petition.

AMENDMENTS
2002 - Subsec. (b)(5)(A). Pub. L. 107-273, Sec. 11036(a)(1)(A),
substituted "enterprise (including a limited partnership) - " for
"enterprise - " in introductory provisions.
Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107-273, Sec.
11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i) and
(ii), respectively, and struck out former cl. (i) which read as
follows: "which the alien has established,".
Subsec. (b)(5)(B)(i). Pub. L. 107-273, Sec. 11036(a)(2),
substituted "invest in" for "establish".
Subsec. (b)(5)(D). Pub. L. 107-273, Sec. 11035, added subpar.
(D).
Subsec. (h). Pub. L. 107-208 added subsec. (h).
2000 - Subsec. (b)(4). Pub. L. 106-536 inserted before period at
end ", and not more than 100 may be made available in any fiscal
year to special immigrants, excluding spouses and children, who are
described in section 1101(a)(27)(M) of this title".
1999 - Subsec. (b)(2)(B). Pub. L. 106-95 and Pub. L. 106-113
amended subpar. (B) generally in substantially identical manner.
Pub. L. 106-95 provided headings. Text is based on Pub. L. 106-113.
Prior to amendment, text read as follows: "The Attorney General
may, when he deems it to be in the national interest, waive the
requirement of subparagraph (A) that an alien's services in the
sciences, arts, professions, or business be sought by an employer
in the United States."
1994 - Subsec. (b)(5)(B), (C). Pub. L. 103-416, Sec. 219(c),
substituted "Targeted" and "targeted" for "Targetted" and
"targetted", respectively, wherever appearing in headings and text.
Subsec. (b)(6)(C). Pub. L. 103-416, Sec. 212(b), struck out
subpar. (C) which related to application of separate numerical
limitations.
1991 - Subsec. (b)(1). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted "28.6 percent of such worldwide level" for "40,000".
Subsec. (b)(1)(C). Pub. L. 102-232, Sec. 302(b)(2)(B),
substituted "the alien seeks" for "who seeks".
Subsec. (b)(2)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted "28.6 percent of such worldwide level" for "40,000".
Subsec. (b)(2)(B). Pub. L. 102-232, Sec. 302(b)(2)(D), inserted
"professions," after "arts,".
Subsec. (b)(3)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted "28.6 percent of such worldwide level" for "40,000".
Subsec. (b)(4), (5)(A). Pub. L. 102-232, Sec. 302(b)(2)(C),
substituted "7.1 percent of such worldwide level" for "10,000".
Subsec. (b)(6). Pub. L. 102-110 added par. (6).
Subsec. (f). Pub. L. 102-232, Sec. 302(e)(3), substituted
"Authorization for issuance" for "Presumption" in heading, struck
out at beginning "Every immigrant shall be presumed not to be
described in subsection (a) or (b) of this section, section
1101(a)(27) of this title, or section 1151(b)(2) of this title,
until the immigrant establishes to the satisfaction of the consular
officer and the immigration officer that the immigrant is so
described.", and substituted "1151(b)(2) of this title or in
subsection (a), (b), or (c)" for "1151(b)(1) of this title or in
subsection (a) or (b)".
1990 - Subsec. (a). Pub. L. 101-649, Sec. 111(2), added subsec.
(a) and struck out former subsec. (a) which related to allocation
of visas of aliens subject to section 1151(a) limitations.
Subsec. (a)(7). Pub. L. 101-649, Sec. 603(a)(3), substituted
"section 1182(a)(5) of this title" for "section 1182(a)(14) of this
title".
Subsec. (b). Pub. L. 101-649, Secs. 111(1), 121(a), added subsec.
(b) and redesignated former subsec. (b) as (d).
Subsec. (c). Pub. L. 101-649, Secs. 111(1), 131, added subsec.
(c) and redesignated former subsec. (c) as (e).
Subsec. (d). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (d)
and struck out former subsec. (d) which related to order of
consideration given applications for immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated former subsec. (b) as
(d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (e)
and struck out former subsec. (e) which related to order of
issuance of immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (c) as (e).
Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (f)
and struck out former subsec. (f) which related to presumption of
nonpreference status and grant of status by consular officers.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (g)
and struck out former subsec. (g) which related to estimates of
anticipated numbers of visas to be issued, termination and
reinstatement of registration of aliens, and revocation of approval
of petition.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (e) as (g).
1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(c)(1)-(6), in
introductory text struck out applicability to conditional entry, in
par. (2) substituted "(26)" for "(20)", struck out par. (7)
relating to availability of conditional entries, redesignated
former par. (8) as (7) and struck out applicability to number of
conditional entries and visas available under former par. (7), and
redesignated former par. (9) as (8) and substituted provisions
relating to applicability of pars. (1) to (7) to visas, for
provisions relating to applicability of pars. (1) to (8) to
conditional entries.
Subsec. (d). Pub. L. 96-212, Sec. 203(c)(7), substituted
"preference status under paragraphs (1) through (6)" for
"preference status under paragraphs (1) through (7)".
Subsec. (f). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(f) which related to reports to Congress of refugees conditionally
entering the United States.
Subsec. (g). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(g) which set forth provisions respecting inspection and
examination of refugees after one year.
Pub. L. 96-212, Sec. 203(i), substituted provisions relating to
inspection and examination of refugees after one year for
provisions relating to inspection and examination of refugees after
two years.
Subsec. (h). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
(h) which related to the retroactive readjustment of refugee status
as an alien lawfully admitted for permanent residence.
1978 - Subsec. (a)(1) to (7). Pub. L. 95-412 substituted "1151(a)
of this title" for "1151(a)(1) or (2) of this title" wherever
appearing.
Subsec. (a)(8). Pub. L. 95-417 inserted provisions requiring a
valid adoption home-study prior to the granting of a nonpreference
visa for children adopted abroad or coming for adoption by United
States citizens and requiring that no other nonpreference visa be
issued to an unmarried child under the age of 16 unless
accompanying or following to join his natural parents.
1976 - Subsec. (a). Pub. L. 94-571, Sec. 4(1)-(3), substituted
"section 1151(a)(1) or (2) of this title" for "section 1151(a)(ii)
of this title" in pars. (1) to (7); made visas available, in par.
(3), to qualified immigrants whose services in the professions,
sciences, or arts are sought by an employer in the United States;
and required, in par. (5), that the United States citizens be at
least twenty-one years of age.
Subsec. (e). Pub. L. 94-571, Sec. 4(4), substituted provision
requiring Secretary of State to terminate the registration of an
alien who fails to apply for an immigrant visa within one year
following notification of the availability of such visa, including
provision for reinstatement of a registration upon establishment
within two years following the notification that the failure to
apply was due to circumstances beyond the alien's control for prior
provision for discretionary termination of the registration on a
waiting list of an alien failing to evidence continued intention to
apply for a visa as prescribed by regulation and inserted provision
for automatic revocation of approval of a petition approved under
section 1154(b) of this title upon such termination.
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
up preference priorities and percentage allocations of the total
numerical limitation for the admission of qualified immigrants,
consisting of unmarried sons or daughters of U.S. citizens (20
percent), husbands, wives, and unmarried sons or daughters of alien
residents (20 percent plus any unused portion of class 1), members
of professions, scientists, and artists (10 percent), married sons
or daughters of U.S. citizens (10 percent plus any unused portions
of classes 1-3), brothers or sisters of U.S. citizens (24 percent
plus any unused portions of classes 1 through 4), skilled or
unskilled persons capable of filling labor shortages in the United
States (10 percent), refugees (6 percent), otherwise qualified
immigrants (portion not used by classes 1 through 7), and allowing
a spouse or child to be given the same status and order of
consideration as the spouse or parent, for provisions spelling out
the preferences under the quotas based on the previous national
origins quota systems.
Subsec. (b). Pub. L. 89-236 substituted provisions requiring that
consideration be given applications for immigrant visas in the
order in which the classes of which they are members are listed in
subsec. (a), for provisions allowing issuance of quota immigrant
visas under the previous national origins quota system in the order
of filing in the first calendar month after receipt of notice of
approval for which a quota number was available.
Subsec. (c). Pub. L. 89-236 substituted provisions requiring
issuance of immigrant visas pursuant to paragraphs (1) through (6)
of subsection (a) of this section in the order of filing of the
petitions therefor with the Attorney General, for provisions which
related to issuance of quota immigrant visas in designated classes
in the order of registration in each class on quota waiting lists.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring each
immigrant to establish his preference as claimed and prohibiting
consular officers from granting status of immediate relative of a
United States citizen or preference until authorized to do so, for
provisions spelling out the order for consideration of applications
for quota immigrant visas under the various prior classes.
Subsec. (e). Pub. L. 89-236 substituted provisions authorizing
Secretary of State to make estimates of anticipated members of
visas issued and to terminate the waiting-list registration of any
registrant failing to evidence a continued intention to apply for a
visa, for provisions establishing a presumption of quota status for
immigrants and requiring the immigrant to establish any claim to a
preference.
Subsecs. (f) to (h). Pub. L. 89-236 added subsecs. (f) to (h).
1959 - Subsec. (a)(2). Pub. L. 86-363, Sec. 1, accorded adult
unmarried sons or daughters of United States citizens second
preference in the allocation of immigrant visas within quotas.
Subsec. (a)(3). Pub. L. 86-363, Sec. 2, substituted "unmarried
sons or daughters" for "children".
Subsec. (a)(4). Pub. L. 86-363, Sec. 3, substituted "married sons
or married daughters" for "sons, or daughters", increased
percentage limitation from 25 to 50 per centum, and made preference
available to spouses and children of qualified quota immigrants if
accompanying them.
1957 - Subsec. (a)(1). Pub. L. 85-316 substituted "or following
to join him" for "him".
EFFECTIVE DATE OF 2002 AMENDMENTS
Pub. L. 107-273, div. C, title I, Sec. 11036(c), Nov. 2, 2002,
116 Stat. 1847, provided that: "The amendments made by this section
[amending this section and section 1186b of this title] shall take
effect on the date of the enactment of this Act [Nov. 2, 2002] and
shall apply to aliens having any of the following petitions pending
on or after the date of the enactment of this Act:
"(1) A petition under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), with respect to status under section 203(b)(5) of
such Act (8 U.S.C. 1153(b)(5)).
"(2) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
alien's permanent resident status."
Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
applicable to certain beneficiary aliens, see section 8 of Pub. L.
107-208, set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-536, Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2561,
provided that: "The amendment made by paragraph (1) [amending this
section] shall apply to visas made available in any fiscal year
beginning on or after October 1, 2000."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 219(c) of 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.
EFFECTIVE DATE OF 1991 AMENDMENTS
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.
Amendment by Pub. L. 102-110 effective 60 days after Oct. 1,
1991, see section 2(d) of Pub. L. 102-110, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L.
101-649 effective Oct. 1, 1991, and applicable beginning with
fiscal year 1992, with general transition provisions, see section
161(a), (c) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Amendment by section 603(a)(3) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101-649, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 203(c) of Pub. L. 96-212 effective, except
as otherwise provided, Apr. 1, 1980, and amendment by section
203(i) of Pub. L. 96-212 effective immediately before 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.

GAO STUDY
Pub. L. 108-156, Sec. 5, Dec. 3, 2003, 117 Stat. 1945, as amended
by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814,
provided that:
"(a) In General. - Not later than 1 year after the date of
enactment of this Act [Dec. 3, 2003], the Government Accountability
Office shall report to Congress on the immigrant investor program
created under section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)).
"(b) Contents. - The report described in subsection (a) shall
include information regarding -
"(1) the number of immigrant investors that have received visas
under the immigrant investor program in each year since the
inception of the program;
"(2) the country of origin of the immigrant investors;
"(3) the localities where the immigrant investors are settling
and whether those investors generally remain in the localities
where they initially settle;
"(4) the number of immigrant investors that have sought to
become citizens of the United States;
"(5) the types of commercial enterprises that the immigrant
investors have established; and
"(6) the types and number of jobs created by the immigrant
investors."
RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS
Pub. L. 106-313, title I, Sec. 106(d), Oct. 17, 2000, 114 Stat.
1254, provided that:
"(1) In general. - Notwithstanding any other provision of law,
the number of employment-based visas (as defined in paragraph (3))
made available for a fiscal year (beginning with fiscal year 2001)
shall be increased by the number described in paragraph (2). Visas
made available under this subsection shall only be available in a
fiscal year to employment-based immigrants under paragraph (1),
(2), or (3) of section 203(b) of the Immigration and Nationality
Act [8 U.S.C. 1153(b)].
"(2) Number available. -
"(A) In general. - Subject to subparagraph (B), the number
described in this paragraph is the difference between the number
of employment-based visas that were made available in fiscal
years 1999 and 2000 and the number of such visas that were
actually used in such fiscal years.
"(B) Reduction. - The number described in subparagraph (A)
shall be reduced, for each fiscal year after fiscal year 2001, by
the cumulative number of immigrant visas actually used under
paragraph (1) for previous fiscal years.
"(C) Construction. - Nothing in this paragraph shall be
construed as affecting the application of section 201(c)(3)(C) of
the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
"(3) Employment-based visas defined. - For purposes of this
subsection, the term 'employment-based visa' means an immigrant
visa which is issued pursuant to the numerical limitation under
section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b))."
TEMPORARY REDUCTION IN WORKERS' VISAS
Pub. L. 105-100, title II, Sec. 203(e), Nov. 19, 1997, 111 Stat.
2199, as amended by Pub. L. 105-139, Sec. 1(e), Dec. 2, 1997, 111
Stat. 2645, provided that:
"(1) Beginning in the fiscal year following the fiscal year in
which a visa has been made available under section
203(b)(3)(A)(iii) of the Immigration and Nationality Act [8 U.S.C.
1153(b)(3)(A)(iii)] for all aliens who are the beneficiary of a
petition approved under section 204 of such Act [8 U.S.C. 1154] as
of the date of the enactment of this Act [Nov. 19, 1997] for
classification under section 203(b)(3)(A)(iii) of such Act, subject
to paragraph (2), visas available under section 203(b)(3)(A)(iii)
of that Act 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) the number computed under subsection (d)(2)(A) [section
203(d)(2)(A) of Pub. L. 105-100, 8 U.S.C. 1151 note]; exceeds
"(B) the total of the reductions in available visas under this
subsection for all previous fiscal years."
DIVERSITY IMMIGRANT LOTTERY FEE
Pub. L. 104-208, div. C, title VI, Sec. 636, Sept. 30, 1996, 110
Stat. 3009-703, provided that: "The Secretary of State may
establish a fee to be paid by each applicant for an immigrant visa
described in section 203(c) of the Immigration and Nationality Act
[8 U.S.C. 1153(c)]. Such fee may be set at a level that will ensure
recovery of the cost to the Department of State of allocating visas
under such section, including the cost of processing all
applications thereunder. All fees collected under this section
shall be used for providing consular services. All fees collected
under this section shall be deposited as an offsetting collection
to any Department of State appropriation and shall remain available
for obligations until expended. The provisions of the Act of August
18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning accounting
for consular fees, shall not apply to fees collected under this
section."
ELIGIBILITY FOR VISAS FOR POLISH APPLICANTS FOR 1995 DIVERSITY
IMMIGRANT PROGRAM
Pub. L. 104-208, div. C, title VI, Sec. 637, Sept. 30, 1996, 110
Stat. 3009-704, provided that:
"(a) In General. - The Attorney General, in consultation with the
Secretary of State, shall include among the aliens selected for
diversity immigrant visas for fiscal year 1997 pursuant to section
203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)]
any alien who, on or before September 30, 1995 -
"(1) was selected as a diversity immigrant under such section
for fiscal year 1995;
"(2) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence pursuant to section 245
of such Act [8 U.S.C. 1255] during fiscal year 1995, and whose
application, and any associated fees, were accepted by the
Attorney General, in accordance with applicable regulations;
"(3) was not determined by the Attorney General to be
excludable under section 212 of such Act [8 U.S.C. 1182] or
ineligible under section 203(c)(2) of such Act [8 U.S.C.
1153(c)(2)]; and
"(4) did not become an alien lawfully admitted for permanent
residence during fiscal year 1995.
"(b) Priority. - The aliens selected under subsection (a) shall
be considered to have been selected for diversity immigrant visas
for fiscal year 1997 prior to any alien selected under any other
provision of law.
"(c) Reduction of Immigrant Visa Number. - For purposes of
applying the numerical limitations in sections 201 and 203(c) of
the Immigration and Nationality Act [8 U.S.C. 1151, 1153(c)],
aliens selected under subsection (a) who are granted an immigrant
visa shall be treated as aliens granted a visa under section 203(c)
of such Act."
SOVIET SCIENTISTS IMMIGRATION
Pub. L. 107-228, div. B, title XIII, Sec. 1304(d), Sept. 30,
2002, 116 Stat. 1437, provided that: "The Attorney General shall
consult with the Secretary, the Secretary of Defense, the Secretary
of Energy, and the heads of other appropriate agencies of the
United States regarding -
"(1) previous experience in implementing the Soviet Scientists
Immigration Act of 1992 [Pub. L. 102-509 set out below]; and
"(2) any changes that those officials would recommend in the
regulations prescribed under that Act."
[For definition of "Secretary" as used in section 1304(d) of Pub.
L. 107-228, set out above, see section 3 of Pub. L. 107-228, set
out as a note under section 2651 of Title 22, Foreign Relations and
Intercourse.]
Pub. L. 102-509, Oct. 24, 1992, 106 Stat. 3316, as amended by
Pub. L. 107-228, div. B, title XIII, Sec. 1304(a)-(c), Sept. 30,
2002, 116 Stat. 1436, 1437, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Soviet Scientists Immigration Act
of 1992'.
"SEC. 2. DEFINITIONS.
"For purposes of this Act -
"(1) the term 'Baltic states' means the sovereign nations of
Latvia, Lithuania, and Estonia;
"(2) the term 'independent states of the former Soviet Union'
means the sovereign nations of Armenia, Azerbaijan, Belarus,
Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan; and
"(3) the term 'eligible independent states and Baltic
scientists' means aliens -
"(A) who are nationals of any of the independent states of
the former Soviet Union or the Baltic states; and
"(B) who are scientists or engineers who have expertise in
nuclear, chemical, biological or other high technology fields
or who are working on nuclear, chemical, biological or other
high-technology defense projects, as defined by the Attorney
General.
"SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
"The requirement in section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien's services
in the sciences, arts, or business be sought by an employer in the
United States shall not apply to any eligible independent states or
Baltic scientist who is applying for admission to the United States
for permanent residence in accordance with that section.
"SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS
HAVING EXCEPTIONAL ABILITY.
"(a) In General. - The Attorney General shall designate a class
of eligible independent states and Baltic scientists, based on
their level of expertise, as aliens who possess 'exceptional
ability in the sciences', for purposes of section 203(b)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)),
whether or not such scientists possess advanced degrees. A
scientist is not eligible for designation under this subsection if
the scientist has previously been granted the status of an alien
lawfully admitted for permanent residence (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).
"(b) Regulations. - The Attorney General shall prescribe
regulations to carry out subsection (a).
"(c) Limitation. - Not more than 950 eligible independent states
and Baltic scientists (excluding spouses and children if
accompanying or following to join) within the class designated
under subsection (a) may be allotted visas under section
203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(2)(A)).
"(d) Duration of Authority. - The authority under subsection (a)
shall be in effect during the following periods:
"(1) The period beginning on the date of the enactment of this
Act [Oct. 24, 1992] and ending 4 years after such date.
"(2) The period beginning on the date of the enactment of the
Security Assistance Act of 2002 [Sept. 30, 2002] and ending 4
years after such date."
PILOT IMMIGRATION PROGRAM
Pub. L. 102-395, title VI, Sec. 610, Oct. 6, 1992, 106 Stat.
1874, as amended by Pub. L. 105-119, title I, Sec. 116(a), Nov. 26,
1997, 111 Stat. 2467; Pub. L. 106-396, Sec. 402, Oct. 30, 2000, 114
Stat. 1647; Pub. L. 107-273, div. C, title I, Sec. 11037(a), Nov.
2, 2002, 116 Stat. 1847; Pub. L. 108-156, Sec. 4, Dec. 3, 2003, 117
Stat. 1945, provided that:
"(a) Of the visas otherwise available under section 203(b)(5) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), the
Secretary of State, together with the Secretary of Homeland
Security, shall set aside visas for a pilot program to implement
the provisions of such section. Such pilot program shall involve a
regional center in the United States, designated by the Secretary
of Homeland Security on the basis of a general proposal, for the
promotion of economic growth, including increased export sales,
improved regional productivity, job creation, or increased domestic
capital investment. A regional center shall have jurisdiction over
a limited geographic area, which shall be described in the proposal
and consistent with the purpose of concentrating pooled investment
in defined economic zones. The establishment of a regional center
may be based on general predictions, contained in the proposal,
concerning the kinds of commercial enterprises that will receive
capital from aliens, the jobs that will be created directly or
indirectly as a result of such capital investments, and the other
positive economic effects such capital investments will have.
"(b) For purposes of the pilot program established in subsection
(a), beginning on October 1, 1992, but no later than October 1,
1993, the Secretary of State, together with the Secretary of
Homeland Security, shall set aside 3,000 visas annually for 15
years to include such aliens as are eligible for admission under
section 203(b)(5) of the Immigration and Nationality Act [8 U.S.C.
1153(b)(5)] and this section, as well as spouses or children which
are eligible, under the terms of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.], to accompany or follow to join such
aliens.
"(c) In determining compliance with section
203(b)(5)(A)(iii)[(ii)] of the Immigration and Nationality Act [8
U.S.C. 1153(b)(5)(A)(iii)[(ii)]], and notwithstanding the
requirements of 8 CFR 204.6, the Secretary of Homeland Security
shall permit aliens admitted under the pilot program described in
this section to establish reasonable methodologies for determining
the number of jobs created by the pilot program, including such
jobs which are estimated to have been created indirectly through
revenues generated from increased exports, improved regional
productivity, job creation, or increased domestic capital
investment resulting from the pilot program.
"(d) In processing petitions under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) for
classification under section 203(b)(5) of such Act (8 U.S.C.
1153(b)(5)), the Secretary of Homeland Security may give priority
to petitions filed by aliens seeking admission under the pilot
program described in this section. Notwithstanding section 203(e)
of such Act (8 U.S.C. 1153(e)), immigrant visas made available
under such section 203(b)(5) may be issued to such aliens in an
order that takes into account any priority accorded under the
preceding sentence."
[Pub. L. 107-273, div. C, title I, Sec. 11037(b), Nov. 2, 2002,
116 Stat. 1848, provided that: "The amendments made by this section
[amending section 610 of Pub. L. 102-395, set out above] shall take
effect on the date of the enactment of this Act [Nov. 2, 2002] and
shall apply to -
"(1) any proposal for a regional center pending before the
Attorney General (whether for an initial decision or on appeal)
on or after the date of the enactment of this Act; and
"(2) any of the following petitions, if filed on or after the
date of the enactment of this Act:
"(A) A petition under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any
predecessor provision) (or any predecessor provision), with
respect to status under section 203(b)(5) of such Act (8 U.S.C.
1153(b)(5)).
"(B) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
alien's permanent resident status."]
[Section 116(b) of Pub. L. 105-119 provided that: "The amendment
made by subsection (a)(2) [amending section 610 of Pub. L. 102-395,
set out above] shall be deemed to have become effective on October
6, 1992."]
TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS
Section 112 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(1), Dec. 12, 1991, 105 Stat. 1743, provided
that:
"(a) Additional Visa Numbers. -
"(1) In general. - In addition to any immigrant visas otherwise
available, immigrant visa numbers shall be available in each of
fiscal years 1992, 1993, and 1994 for spouses and children of
eligible, legalized aliens (as defined in subsection (c)) in a
number equal to 55,000 minus the number (if any) computed under
paragraph (2) for the fiscal year.
"(2) Offset. - The number computed under this paragraph for a
fiscal year is the number (if any) by which -
"(A) the sum of the number of aliens described in
subparagraphs (A) and (B) of section 201(b)(2) of the
Immigration and Nationality Act [8 U.S.C. 1151(b)(2)] (or, for
fiscal year 1992, section 201(b) of such Act) who were issued
immigrant visas or otherwise acquired the status of aliens
lawfully admitted to the United States for permanent residence
in the previous fiscal year, exceeds
"(B) 239,000.
"(b) Order. - Visa numbers under this section shall be made
available in the order in which a petition, in behalf of each such
immigrant for classification under section 203(a)(2) of the
Immigration and Nationality Act [8 U.S.C. 1153(a)(2)], is filed
with the Attorney General under section 204 of such Act [8 U.S.C.
1154].
"(c) Legalized Alien Defined. - In this section, the term
'legalized alien' means an alien lawfully admitted for permanent
residence who was provided -
"(1) temporary or permanent residence status under section 210
of the Immigration and Nationality Act [8 U.S.C. 1160],
"(2) temporary or permanent residence status under section 245A
of the Immigration and Nationality Act [8 U.S.C. 1255a], or
"(3) permanent residence status under section 202 of the
Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set
out as a note under section 1255a of this title].
"(d) Definitions. - The definitions in the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
administration of this section."
TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES
OPERATING IN HONG KONG
Section 124 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(5), Dec. 12, 1991, 105 Stat. 1743, provided
that:
"(a) Additional Visa Numbers. -
"(1) Treatment of principals. - In the case of any alien
described in paragraph (3) (or paragraph (2) as the spouse or
child of such an alien) with respect to whom a classification
petition has been filed and approved under subsection (b), there
shall be made available, in addition to the immigrant visas
otherwise available in each of fiscal years 1991 through 1993 and
without regard to section 202(a) of the Immigration and
Nationality Act [8 U.S.C. 1152(a)], up to 12,000 additional
immigrant visas. If the full number of such visas are not made
available in fiscal year 1991 or 1992, the shortfall shall be
added to the number of such visas to be made available under this
section in the succeeding fiscal year.
"(2) Derivative relatives. - A spouse or child (as defined in
section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration
and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)])
shall, if not otherwise entitled to an immigrant status and the
immediate issuance of a visa under this section, be entitled to
the same status, and the same order of consideration, provided
under this section, if accompanying, or following to join, the
alien's spouse or parent.
"(3) Employees of certain united states businesses operating in
hong kong. - An alien is described in this paragraph if the alien
-
"(A) is a resident of Hong Kong and is employed in Hong Kong
except for temporary absences at the request of the employer
and has been employed in Hong Kong for at least 12 consecutive
months as an officer or supervisor or in a capacity that is
managerial, executive, or involves specialized knowledge, by a
business entity which (i) is owned and organized in the United
States (or is the subsidiary or affiliate of a business owned
and organized in the United States), (ii) employs at least 100
employees in the United States and at least 50 employees
outside the United States, and (iii) has a gross annual income
of at least $50,000,000, and
"(B) has an offer of employment from such business entity in
the United States as an officer or supervisor or in a capacity
that is managerial, executive, or involves specialized
knowledge, which offer (i) is effective from the time of filing
the petition for classification under this section through and
including the time of entry into the United States and (ii)
provides for salary and benefits comparable to the salary and
benefits provided to others with similar responsibilities and
experience within the same company.
"(b) Petitions. - Any employer desiring and intending to employ
within the United States an alien described in subsection (a)(3)
may file a petition with the Attorney General for such
classification. No visa may be issued under subsection (a)(1) until
such a petition has been approved.
"(c) Allocation. - Visa numbers made available under subsection
(a) shall be made available in the order which petitions under
subsection (b) are filed with the Attorney General.
"(d) Definitions. - In this section:
"(1) Executive capacity. - The term 'executive capacity' has
the meaning given such term in section 101(a)(44)(B) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)(44)(B)], as
added by section 123 of this Act.
"(2) Managerial capacity. - The term 'managerial capacity' has
the meaning given such term in section 101(a)(44)(A) of the
Immigration and Nationality Act, as added by section 123 of this
Act.
"(3) Officer. - The term 'officer' means, with respect to a
business entity, the chairman or vice-chairman of the board of
directors of the entity, the chairman or vice-chairman of the
executive committee of the board of directors, the president, any
vice-president, any assistant vice-president, any senior trust
officer, the secretary, any assistant secretary, the treasurer,
any assistant treasurer, any trust officer or associate trust
officer, the controller, any assistant controller, or any other
officer of the entity customarily performing functions similar to
those performed by any of the above officers.
"(4) Specialized knowledge. - The term 'specialized knowledge'
has the meaning given such term in section 214(c)(2)(B) of the
Immigration and Nationality Act [8 U.S.C. 1184(c)(2)(B)], as
amended by section 206(b)(2) of this Act.
"(5) Supervisor. - The term 'supervisor' means any individual
having authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibility to
direct them, or to adjust their grievances, or effectively
recommend such action, if in connection with the foregoing the
exercise of such authority is not merely of a routine or clerical
nature, but requires the use of independent judgment."
[Section 124 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.]
DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN
ADVERSELY AFFECTED FOREIGN STATES
Section 217(b) of Pub. L. 103-416 provided that:
"(1) Eligibility. - For the purpose of carrying out the extension
of the diversity transition program under the amendments made by
subsection (a) [amending section 132 of Pub. L. 101-649, set out
below], applications for natives of diversity transition countries
submitted for fiscal year 1995 for diversity immigrants under
section 203(c) of the Immigration and Nationality Act [8 U.S.C.
1153(c)] shall be considered applications for visas made available
for fiscal year 1995 for the diversity transition program under
section 132 of the Immigration Act of 1990 [section 132 of Pub. L.
101-649]. No application period for the fiscal year 1995 diversity
transition program shall be established and no new applications may
be accepted for visas made available under such program for fiscal
year 1995. Applications for visas in excess of the minimum
available to natives of the country specified in section 132(c) of
the Immigration Act of 1990 shall be selected for qualified
applicants within the several regions defined in section
203(c)(1)(F) of the Immigration and Nationality Act in proportion
to the region's share of visas issued in the diversity transition
program during fiscal years 1992 and 1993.
"(2) Notification. - Not later than 180 days after the date of
enactment of this Act [Oct. 25, 1994], notification of the
extension of the diversity transition program for fiscal year 1995
and the provision of visa numbers shall be made to each eligible
applicant under paragraph (1).
"(3) Requirements. - Notwithstanding any other provision of law,
for the purpose of carrying out the extension of the diversity
transition program under the amendments made by subsection (a), the
requirement of section 132(b)(2) of the Immigration Act of 1990
shall not apply to applicants under such extension and the
requirement of section 203(c)(2) of the Immigration and Nationality
Act shall apply to such applicants."
Section 132 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(6), Dec. 12, 1991, 105 Stat. 1743; Pub. L.
103-416, title II, Sec. 217(a), Oct. 25, 1994, 108 Stat. 4315,
provided that:
"(a) In General. - Notwithstanding the numerical limitations in
sections 201 and 202 of the Immigration and Nationality Act [8
U.S.C. 1151, 1152], there shall be made available to qualified
immigrants described in subsection (b) (or in subsection (d) as the
spouse or child of such an alien) 40,000 immigrant visas in each of
fiscal years 1992, 1993, and 1994 and in fiscal year 1995 a number
of immigrant visas equal to the number of such visas provided (but
not made available) under this section in previous fiscal years. If
the full number of such visas are not made available in fiscal year
1992 or 1993, the shortfall shall be added to the number of such
visas to be made available under this section in the succeeding
fiscal year.
"(b) Qualified Alien Described. - An alien described in this
subsection is an alien who -
"(1) is a native of a foreign state that was identified as an
adversely affected foreign state for purposes of section 314 of
the Immigration Reform and Control Act of 1986 [Pub. L. 99-603,
set out below],
"(2) has a firm commitment for employment in the United States
for a period of at least 1 year (beginning on the date of
admission under this section), and
"(3) except as provided in subsection (c), is admissible as an
immigrant.
"(c) Distribution of Visa Numbers. - The Secretary of State shall
provide for making immigrant visas provided under subsection (a)
available strictly in a random order among those who qualify during
the application period for each fiscal year established by the
Secretary of State, except that at least 40 percent of the number
of such visas in each fiscal year shall be made available to
natives of the foreign state the natives of which received the
greatest number of visas issued under section 314 of the
Immigration Reform and Control Act [of 1986] (or to aliens
described in subsection (d) who are the spouses or children of such
natives) and except that if more than one application is submitted
for any fiscal year (beginning with fiscal year 1993) with respect
to any alien all such applications submitted with respect to the
alien and fiscal year shall be voided. If the minimum number of
such visas are not made available in fiscal year 1992, 1993, or
1994 to such natives, the shortfall shall be added to the number of
such visas to be made available under this section to such natives
in the succeeding fiscal year. In applying this section, natives of
Northern Ireland shall be deemed to be natives of Ireland.
"(d) Derivative Status for Spouses and Children. - A spouse or
child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of
the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B),
(C), (D), (E)]) shall, if not otherwise entitled to an immigrant
status and the immediate issuance of a visa under this section, be
entitled to the same status, and the same order of consideration,
provided under this section, if accompanying, or following to join,
his spouse or parent.
"(e) Waivers of Grounds of Exclusion. - In determining the
admissibility of an alien provided a visa number under this
section, the Attorney General shall waive the ground of exclusion
specified in paragraph (6)(C) of section 212(a) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)], unless the Attorney General
finds that such a waiver is not in the national interest. In
addition, the provisions of section 212(e) of such Act shall not
apply so as to prevent an individual's application for a visa or
admission under this section.
"(f) Application Fee. - The Secretary of State shall require
payment of a reasonable fee for the filing of an application under
this section in order to cover the costs of processing applications
under this section."
[Section 302(b)(6)(C) of Pub. L. 102-232 provided that the
amendment made by that section to section 132(b)(1) of Pub. L.
101-649, set out above, is effective after fiscal year 1992.]
[Section 302(b)(6)(D)(i) of Pub. L. 102-232 provided that the
amendment made by that section to section 132(c) of Pub. L.
101-649, set out above, is effective beginning with fiscal year
1993.]
ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF
AVAILABILITY OF NP-5 VISAS
Section 133 of Pub. L. 101-649 provided that, notwithstanding
numerical limitations in sections 1151 and 1152 of this title,
there were to be made available in fiscal year 1991, immigrant visa
numbers for qualified immigrants who were notified by Secretary of
State before May 1, 1990, of their selection for issuance of visa
under section 314 of Pub. L. 99-603, formerly set out as a note
below, and were qualified for issuance of such visa but for
numerical and fiscal year limitations on issuance of such visas,
former section 1182(a)(19) of this title or section 1182(e) of this
title, or fact that immigrant was a national, but not a native, of
foreign state described in section 314 of Pub. L. 99-603.
TRANSITION FOR DISPLACED TIBETANS
Section 134 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(b)(7), Dec. 12, 1991, 105 Stat. 1744, provided
that, notwithstanding numerical limitations in sections 1151 and
1152 of this title, there were to be made available to qualified
displaced Tibetans who were natives of Tibet and had been
continuously residing in India or Nepal since Nov. 29, 1990, 1,000
immigrant visas in the 3-fiscal-year period beginning with fiscal
year 1991.
EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS
Section 155 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(5), Dec. 12, 1991, 105 Stat. 1745, provided
that:
"(a) In General. - In the issuance of immigrant visas to certain
Lebanese immigrants described in subsection (b) in fiscal years
1991 and 1992 and notwithstanding section 203(c) (or section
203(e), in the case of fiscal year 1992) of the Immigration and
Nationality Act [8 U.S.C. 1153(c), (e)] (to the extent inconsistent
with this section), the Secretary of State shall provide that
immigrant visas which would otherwise be made available in the
fiscal year shall be made available as early as possible in the
fiscal year.
"(b) Lebanese Immigrants Covered. - Lebanese immigrants described
in this subsection are aliens who -
"(1) are natives of Lebanon,
"(2) are not firmly resettled in any foreign country outside
Lebanon, and
"(3) as of the date of the enactment of this Act [Nov. 29,
1990], are the beneficiaries of a petition approved to accord
status under section 203(a)(2) or 203(a)(5) of the Immigration
and Nationality Act [8 U.S.C. 1153(a)(2), (5)] (as in effect as
of the date of the enactment of this Act),
or who are the spouse or child of such an alien if accompanying or
following to join the alien."
[Section 155 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.]
ORDER OF CONSIDERATION
Section 162(a)(2) of Pub. L. 101-649 provided that: "Nothing in
this Act [see Tables for classification] may be construed as
continuing the availability of visas under section 203(a)(7) of the
Immigration and Nationality Act [8 U.S.C. 1153(a)(7)], as in effect
before the date of enactment of this Act [Nov. 29, 1990]."
MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED
COUNTRIES TO ENHANCE DIVERSITY IN IMMIGRATION
Pub. L. 100-658, Sec. 3, Nov. 15, 1988, 102 Stat. 3908, provided
that, notwithstanding numerical limitations in section 1151(a) of
this title, but subject to numerical limitations in section 1152 of
this title, there were to be made available to qualified immigrants
who were natives of underrepresented countries, 10,000 visa numbers
in each of fiscal years 1990 and 1991.
MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS
Pub. L. 99-603, title III, Sec. 314, Nov. 6, 1986, 100 Stat.
3439, as amended by Pub. L. 100-658, Sec. 2(a), Nov. 15, 1988, 102
Stat. 3908, provided that, notwithstanding numerical limitations in
section 1151(a) of this title, but subject to numerical limitations
in section 1152 of this title, there were to be made available to
qualified immigrants described in section 1153(a)(7) of this title,
5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000
visa numbers in each of fiscal years 1989 and 1990.
REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF SUBSECTION (A)(7)
OF THIS SECTION IN OTHER FEDERAL LAWS
Section 203(h) of Pub. L. 96-212 provided that: "Any reference in
any law (other than the Immigration and Nationality Act [this
chapter] or this Act [see Short Title of 1980 Amendment note set
out under section 1101 of this title]) in effect on April 1, 1980,
to section 203(a)(7) of the Immigration and Nationality Act
[subsec. (a)(7) of this section] shall be deemed to be a reference
to such section as in effect before such date and to sections 207
and 208 of the Immigration and Nationality Act [sections 1157 and
1158 of this title]."
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS
For adjustment of the status of refugees paroled into the United
States pursuant to section 1182(d)(5) of this title, see section 5
of Pub. L. 95-412, set out as a note under section 1182 of this
title.
ENTITLEMENT TO PREFERENTIAL STATUS
Section 9 of Pub. L. 94-571 provided that:
"(a) The amendments made by this Act [see Short Title of 1976
Amendment note set out under section 1101 of this title] shall not
operate to effect the entitlement to immigrant status or the order
of consideration for issuance of an immigrant visa of an alien
entitled to a preference status, under section 203(a) of the
Immigration and Nationality Act [subsec. (a) of this section] as in
effect on the day before the effective date of this Act [see
Effective Date of 1976 Amendment note set out under section 1101 of
this title], on the basis of a petition filed with the Attorney
General prior to such effective date.
"(b) An alien chargeable to the numerical limitation contained in
section 21(e) of the Act of October 3, 1965 (79 Stat. 921) [which
provided that unless legislation inconsistent therewith was enacted
on or before June 30, 1968, the number of special immigrants within
the meaning of section 1101(a)(27)(A) of this title, exclusive of
special immigrants who were immediate relatives of United States
citizens as described in section 1151(b) of this title, should not,
in the fiscal year beginning July 1, 1968, or in any fiscal year
thereafter, exceed a total of 120,000] who established a priority
date at a consular office on the basis of entitlement to immigrant
status under statutory or regulatory provisions in existence on the
day before the effective date of this Act [see Effective Date of
1976 Amendment note under section 1101 of this title] shall be
deemed to be entitled to immigrant status under section 203(a)(8)
of the Immigration and Nationality Act [subsec. (a)(8) of this
section] and shall be accorded the priority date previously
established by him. Nothing in this section shall be construed to
preclude the acquisition by such an alien of a preference status
under section 203(a) of the Immigration and Nationality Act
[subsec. (a) of this section], as amended by section 4 of this Act.
Any petition filed by, or in behalf of, such an alien to accord him
a preference status under section 203(a) [subsec. (a) of this
section] shall, upon approval, be deemed to have been filed as of
the priority date previously established by such alien. The
numerical limitation to which such an alien shall be chargeable
shall be determined as provided in sections 201 and 202 of the
Immigration and Nationality Act [sections 1151 and 1152 of this
title], as amended by this Act [see Short Title of 1976 Amendment
note set out under section 1101 of this title]."
NONQUOTA IMMIGRANT STATUS OF CERTAIN RELATIVES OF UNITED STATES
CITIZENS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF
PETITIONS FILED PRIOR TO JANUARY 1, 1962
Pub. L. 87-885, Sec. 1, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien relatives of United States citizens
registered on a consular waiting list under priority date earlier
than March 31, 1954, and eligible for a quota immigrant status on a
basis of a petition filed with the Attorney General prior to
January 1, 1962, and the spouse and children of such alien, be held
to be nonquota immigrants and be issued nonquota immigrant visas,
was repealed by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat.
3657, as amended by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988,
102 Stat. 2617, eff. Nov. 14, 1986.
NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIALISTS; ISSUANCE OF
NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO APRIL
1, 1962
Pub. L. 87-885, Sec. 2, Oct. 24, 1962, 76 Stat. 1247, which
provided that certain alien skilled specialists eligible for a
quota immigrant status on the basis of a petition filed with the
Attorney General prior to April 1, 1962, be held to be nonquota
immigrants and be issued nonquota immigrant visas, was repealed by
Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657, as amended
by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988, 102 Stat. 2617,
eff. Nov. 14, 1986.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN ELIGIBLE ORPHANS
Pub. L. 87-301, Sec. 25, Sept. 26, 1961, 75 Stat. 657, as amended
by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L.
100-525, Sec. 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided
that: "At any time prior to the expiration of the one hundred and
eightieth day immediately following the enactment of this Act
[Sept. 26, 1961] a special nonquota immigrant visa may be issued to
an eligible orphan as defined in section 4 of the Act of September
11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74
Stat. 505), if a visa petition filed in behalf of such eligible
orphan was (A) approved by the Attorney General prior to September
30, 1961, or (B) pending before the Attorney General prior to
September 30, 1961, and the Attorney General approves such
petition."
[Section 23(c) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
amendments made by section 11 [amending section 25 of Pub. L.
87-301 set out above and repealing sections 1 and 2 of Pub. L.
87-885] take effect on November 14, 1986."]
ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE STATUS
Section 5(c) of Pub. L. 86-363 provided that aliens granted a
preference pursuant to petitions approved by the Attorney General
on the ground that they were the adopted sons or adopted daughters
of United States citizens were to remain in that status
notwithstanding the provisions of section 1 of Pub. L. 86-363,
unless they acquired a different immigrant status pursuant to a
petition approved by the Attorney General.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
PRIOR TO JULY 1, 1958
Section 12A of Pub. L. 85-316, as added by section 2 of Pub. L.
85-700, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible
for quota immigrant status on basis of a petition approved prior to
July 1, 1958, shall be held to be nonquota immigrants and issued
visas, was repealed by Pub. L. 87-301, Sec. 24(a)(6), Sept. 26,
1961, 75 Stat. 657.
Repeal of section 12A of Pub. L. 85-316 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
PRIOR TO JULY 1, 1957
Section 12 of Pub. L. 85-316 providing that aliens eligible for
quota immigrant status on basis of a petition approved prior to
July 1, 1957, shall be held to be nonquota immigrants, and if
otherwise admissible, be issued visas, was repealed by Pub. L.
87-301, Sec. 24(a)(5), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12 of Pub. L. 85-316 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES
Section 6 of Pub. L. 86-363 authorizing issuance of nonquota
immigrant visas to aliens eligible to enter for permanent residence
if the alien was the beneficiary of a visa petition approved by the
Attorney General, and such petition was filed by a person admitted
under former section 1971 et seq., of Title 50, Appendix, was
repealed by Pub. L. 87-301, Sec. 24(a)(7), Sept. 26, 1961, 75 Stat.
657.
Repeal of section 6 of Pub. L. 86-363 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.
NONQUOTA IMMIGRANT STATUS OF SPOUSES AND CHILDREN OF CERTAIN ALIENS
Section 4 of Pub. L. 86-363 providing that an alien registered on
a consular waiting list was eligible for quota immigrant status on
basis of a petition approved prior to Jan. 1, 1959, along with the
spouse and children of such alien, was repealed by Pub. L. 87-301,
Sec. 24(a)(7), Sept. 26, 1961.
Repeal of section 4 of Pub. L. 86-363 effective upon expiration
of the one hundred and eightieth day immediately following Sept.
26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
under former section 1255a of this title.

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Aliens and Nationality - 8 USC Section 1153