
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1151]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1151. Worldwide level of immigration


(a) In general

    Exclusive of aliens described in subsection (b) of this section, 
aliens born in a foreign state or dependent area who may be issued 
immigrant visas or who may otherwise acquire the status of an alien 
lawfully admitted to the United States for permanent residence are 
limited to--
        (1) family-sponsored immigrants described in section 1153(a) of 
    this title (or who are admitted under section 1181(a) of this title 
    on the basis of a prior issuance of a visa to their accompanying 
    parent under section 1153(a) of this title) in a number not to 
    exceed in any fiscal year the number specified in subsection (c) of 
    this section for that year, and not to exceed in any of the first 3 
    quarters of any fiscal year 27 percent of the worldwide level under 
    such subsection for all of such fiscal year;
        (2) employment-based immigrants described in section 1153(b) of 
    this title (or who are admitted under section 1181(a) of this title 
    on the basis of a prior issuance of a visa to their accompanying 
    parent under section 1153(b) of this title), in a number not to 
    exceed in any fiscal year the number specified in subsection (d) of 
    this section for that year, and not to exceed in any of the first 3 
    quarters of any fiscal year 27 percent of the worldwide level under 
    such subsection for all of such fiscal year; and
        (3) for fiscal years beginning with fiscal year 1995, diversity 
    immigrants described in section 1153(c) of this title (or who are 
    admitted under section 1181(a) of this title on the basis of a prior 
    issuance of a visa to their accompanying parent under section 
    1153(c) of this title) in a number not to exceed in any fiscal year 
    the number specified in subsection (e) of this section for that 
    year, and not to exceed in any of the first 3 quarters of any fiscal 
    year 27 percent of the worldwide level under such subsection for all 
    of such fiscal year.

(b) Aliens not subject to direct numerical limitations

    Aliens described in this subsection, who are not subject to the 
worldwide levels or numerical limitations of subsection (a) of this 
section, are as follows:
        (1)(A) Special immigrants described in subparagraph (A) or (B) 
    of section 1101(a)(27) of this title.
        (B) Aliens who are admitted under section 1157 of this title or 
    whose status is adjusted under section 1159 of this title.
        (C) Aliens whose status is adjusted to permanent residence under 
    section 1160 or 1255a of this title.
        (D) Aliens whose removal is canceled under section 1229b(a) of 
    this title.
        (E) Aliens provided permanent resident status under section 1259 
    of this title.
        (2)(A)(i) Immediate relatives.--For purposes of this subsection, 
    the term ``immediate relatives'' means the children, spouses, and 
    parents of a citizen of the United States, except that, in the case 
    of parents, such citizens shall be at least 21 years of age. In the 
    case of an alien who was the spouse of a citizen of the United 
    States for at least 2 years at the time of the citizen's death and 
    was not legally separated from the citizen at the time of the 
    citizen's death, the alien (and each child of the alien) shall be 
    considered, for purposes of this subsection, to remain an immediate 
    relative after the date of the citizen's death but only if the 
    spouse files a petition under section 1154(a)(1)(A)(ii) of this 
    title within 2 years after such date and only until the date the 
    spouse remarries. For purposes of this clause, an alien who has 
    filed a petition under clause (iii) or (iv) of section 1154(a)(1)(A) 
    of this title remains an immediate relative in the event that the 
    United States citizen spouse or parent loses United States 
    citizenship on account of the abuse.
        (ii) Aliens admitted under section 1181(a) of this title on the 
    basis of a prior issuance of a visa to their accompanying parent who 
    is such an immediate relative.
        (B) Aliens born to an alien lawfully admitted for permanent 
    residence during a temporary visit abroad.

(c) Worldwide level of family-sponsored immigrants

    (1)(A) The worldwide level of family-sponsored immigrants under this 
subsection for a fiscal year is, subject to subparagraph (B), equal to--
        (i) 480,000, minus
        (ii) the sum of the number computed under paragraph (2) and the 
    number computed under paragraph (4), plus
        (iii) the number (if any) computed under paragraph (3).

    (B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall 
be substituted for 480,000 in subparagraph (A)(i).
    (ii) In no case shall the number computed under subparagraph (A) be 
less than 226,000.
    (2) The number computed under this paragraph for a fiscal year is 
the sum of the number of aliens described in subparagraphs (A) and (B) 
of subsection (b)(2) of this section who were issued immigrant visas or 
who otherwise acquired the status of aliens lawfully admitted to the 
United States for permanent residence in the previous fiscal year.
    (3)(A) The number computed under this paragraph for fiscal year 1992 
is zero.
    (B) The number computed under this paragraph for fiscal year 1993 is 
the difference (if any) between the worldwide level established under 
paragraph (1) for the previous fiscal year and the number of visas 
issued under section 1153(a) of this title during that fiscal year.
    (C) The number computed under this paragraph for a subsequent fiscal 
year is the difference (if any) between the maximum number of visas 
which may be issued under section 1153(b) of this title (relating to 
employment-based immigrants) during the previous fiscal year and the 
number of visas issued under that section during that year.
    (4) The number computed under this paragraph for a fiscal year 
(beginning with fiscal year 1999) is the number of aliens who were 
paroled into the United States under section 1182(d)(5) of this title in 
the second preceding fiscal year--
        (A) who did not depart from the United States (without advance 
    parole) within 365 days; and
        (B) who (i) did not acquire the status of aliens lawfully 
    admitted to the United States for permanent residence in the two 
    preceding fiscal years, or (ii) acquired such status in such years 
    under a provision of law (other than subsection (b) of this section) 
    which exempts such adjustment from the numerical limitation on the 
    worldwide level of immigration under this section.

    (5) If any alien described in paragraph (4) (other than an alien 
described in paragraph (4)(B)(ii)) is subsequently admitted as an alien 
lawfully admitted for permanent residence, such alien shall not again be 
considered for purposes of paragraph (1).

(d) Worldwide level of employment-based immigrants

    (1) The worldwide level of employment-based immigrants under this 
subsection for a fiscal year is equal to--
        (A) 140,000, plus
        (B) the number computed under paragraph (2).

    (2)(A) The number computed under this paragraph for fiscal year 1992 
is zero.
    (B) The number computed under this paragraph for fiscal year 1993 is 
the difference (if any) between the worldwide level established under 
paragraph (1) for the previous fiscal year and the number of visas 
issued under section 1153(b) of this title during that fiscal year.
    (C) The number computed under this paragraph for a subsequent fiscal 
year is the difference (if any) between the maximum number of visas 
which may be issued under section 1153(a) of this title (relating to 
family-sponsored immigrants) during the previous fiscal year and the 
number of visas issued under that section during that year.

(e) Worldwide level of diversity immigrants

    The worldwide level of diversity immigrants is equal to 55,000 for 
each fiscal year.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 201, 66 Stat. 175; Pub. 
L. 89-236, Sec. 1, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571, Sec. 2, 
Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95-412, Sec. 1, Oct. 5, 1978, 92 
Stat. 907; Pub. L. 96-212, title II, Sec. 203(a), Mar. 17, 1980, 94 
Stat. 106; Pub. L. 97-116, Sec. 20[(a)], Dec. 29, 1981, 95 Stat. 1621; 
Pub. L. 101-649, title I, Sec. 101(a), Nov. 29, 1990, 104 Stat. 4980; 
Pub. L. 102-232, title III, Sec. 302(a)(1), Dec. 12, 1991, 105 Stat. 
1742; Pub. L. 103-322, title IV, Sec. 40701(b)(2), Sept. 13, 1994, 108 
Stat. 1954; Pub. L. 103-416, title II, Sec. 219(b)(1), Oct. 25, 1994, 
108 Stat. 4316; Pub. L. 104-208, div. C, title III, Sec. 308(e)(5), 
(g)(8)(A)(i), title VI, Secs. 603, 671(d)(1)(A), Sept. 30, 1996, 110 
Stat. 3009-620, 3009-624, 3009-690, 3009-723; Pub. L. 106-386, div. B, 
title V, Sec. 1507(a)(3), Oct. 28, 2000, 114 Stat. 1530.)


                               Amendments

    2000--Subsec. (b)(2)(A)(i). Pub. L. 106-386 inserted at end ``For 
purposes of this clause, an alien who has filed a petition under clause 
(iii) or (iv) of section 1154(a)(1)(A) of this title remains an 
immediate relative in the event that the United States citizen spouse or 
parent loses United States citizenship on account of the abuse.''
    1996--Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 671(d)(1)(A), struck 
out ``, 1161,'' after ``section 1160''.
    Subsec. (b)(1)(D). Pub. L. 104-208, Sec. 308(g)(8)(A)(i), 
substituted ``section 1229b(a)'' for ``section 1254(a)''.
    Pub. L. 104-208, Sec. 308(e)(5), substituted ``removal is canceled'' 
for ``deportation is suspended''.
    Subsec. (c)(1)(A)(ii). Pub. L. 104-208, Sec. 603(1), amended cl. 
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``the 
number computed under paragraph (2), plus''.
    Subsec. (c)(4), (5). Pub. L. 104-208, Sec. 603(2), added pars. (4) 
and (5).
    1994--Subsec. (b)(2)(A)(i). Pub. L. 103-416 inserted ``(and each 
child of the alien)'' after ``death, the alien'' in second sentence.
    Pub. L. 103-322 substituted ``1154(a)(1)(A)(ii)'' for 
``1154(a)(1)(A)''.
    1991--Subsec. (c)(3). Pub. L. 102-232, Sec. 302(a)(1)(A), added 
subpars. (A) and (B), designated existing text as subpar. (C), and in 
subpar. (C) substituted ``The number computed under this paragraph for a 
subsequent fiscal year'' for ``The number computed under this paragraph 
for a fiscal year''.
    Subsec. (d)(2). Pub. L. 102-232, Sec. 302(a)(1)(B), added subpars. 
(A) and (B), designated existing text as subpar. (C), and in subpar. (C) 
substituted ``The number computed under this paragraph for a subsequent 
fiscal year'' for ``The number computed under this paragraph for a 
fiscal year''.
    1990--Pub. L. 101-649 amended section generally, substituting 
provisions setting forth general and worldwide levels for family-
sponsored, employment-based, and diversity immigrants, for provisions 
setting forth numerical limitations on total lawful admissions without 
breakdown as to type.
    1981--Subsec. (a). Pub. L. 97-116 inserted proviso authorizing 
Secretary of State, to the extent that in a particular fiscal year the 
number of aliens who are issued immigrant visas or who otherwise acquire 
the status of aliens lawfully admitted for permanent residence, and who 
are subject to the numerical limitations of this section, together with 
the aliens who adjust their status to aliens lawfully admitted for 
permanent residence pursuant to section 1101(a)(27)(H) of this title or 
section 19 of the Immigration and Nationality Amendments of 1981, exceed 
the annual numerical limitation in effect, to reduce to such extent the 
annual numerical limitation in effect for the following fiscal year.
    1980--Subsec. (a). Pub. L. 96-212 inserted provisions relating to 
aliens admitted or granted asylums under section 1157 or 1158 of this 
title, struck out provisions relating to aliens entering conditionally 
under section 1153(a)(7) of this title, and decreased the authorized 
number from seventy-seven thousand to seventy-two thousand in each of 
the first three-quarters of any fiscal year, and from two hundred and 
ninety thousand to two hundred and seventy thousand in any fiscal year 
as the maximum number of admissions for such periods.
    1978--Subsec. (a). Pub. L. 95-412 substituted provisions 
establishing a single worldwide annual immigration ceiling of 290,000 
aliens and limiting to 77,000 the number of aliens subject to such 
ceiling which may be admitted in each of the first three quarters of any 
fiscal year for provisions establishing separate annual immigration 
ceilings of 170,000 aliens for the Eastern Hemisphere and 120,000 aliens 
for the Western Hemisphere and limiting to 45,000 the number of aliens 
subject to the Eastern Hemisphere ceiling and to 32,000 the number of 
aliens subject to the Western Hemisphere ceiling which may be admitted 
in the first three quarters of any fiscal year.
    1976--Subsec. (a). Pub. L. 94-571, Sec. 2(1), in amending subsec. 
(a) generally, designated existing provisions as cl. (1) limited to 
aliens born in any foreign state or dependent area located in the 
Eastern Hemisphere and added cl. (2).
    Subsecs. (c) to (e). Pub. L. 94-571, Sec. 2(2), struck out subsec. 
(c) which provided for determination of unused quota numbers, subsec. 
(d) which provided for an immigration pool, limitation on total numbers, 
and allocations therefrom, and subsec. (e) which provided for 
termination of immigration pool on June 30, 1968, and for carryover of 
admissible immigrants.
    1965--Subsec. (a). Pub. L. 89-236 substituted provisions setting up 
a 170,000 maximum on total annual immigration and 45,000 maximum on 
total quarterly immigration without regard to national origins, for 
provisions setting an annual quota for quota areas which allowed 
admission of one-sixth of one per centum of portion of national 
population of continental United States in 1920 attributable by national 
origin of that quota area and setting a minimum quota of 100 for each 
quota area.
    Subsec. (b). Pub. L. 89-236 substituted provisions defining 
``immediate relatives'' for provisions calling for a determination of 
annual quota for each quota area by Secretaries of State and Commerce 
and Attorney General, and proclamation of quotas by President.
    Subsec. (c). Pub. L. 89-236 substituted provisions allowing 
carryover through June 30, 1968, of quotas for quota areas in effect on 
June 30, 1965, and redistribution of unused quota numbers, for 
provisions which limited issuance of immigrant visas.
    Subsec. (d). Pub. L. 89-236 substituted provisions creating an 
immigration pool and allocating its numbers without reference to the 
quotas to which an alien is chargeable, for provisions allowing issuance 
of an immigrant visa to an immigrant as a quota immigrant even though he 
might be a nonquota immigrant.
    Subsec. (e). Pub. L. 89-236 substituted provisions terminating the 
immigration pool on June 30, 1968, for provisions permitting reduction 
of annual quotas based on national origins pursuant to Act of Congress 
prior to effective date of proclaimed quotas.


                    Effective Date of 1996 Amendment

    Amendment by section 308(e)(5), (g)(8)(A)(i) of Pub. L. 104-208 
effective, with certain transitional provisions, on the first day of the 
first month beginning more than 180 days after Sept. 30, 1996, see 
section 309 of Pub. L. 104-208, set out as a note under section 1101 of 
this title.


                    Effective Date of 1994 Amendments

    Amendment by Pub. L. 103-416 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this 
title.
    Section 40701(d) of Pub. L. 103-322 provided that: ``The amendments 
made by this section [amending this section and section 1154 of this 
title] shall take effect January 1, 1995.''


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this 
title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and applicable 
beginning with fiscal year 1992, see section 161(a) of Pub. L. 101-649, 
set out as a note under section 1101 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-212 effective, except as otherwise provided, 
Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal 
year beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out 
as a note under section 1101 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-571 effective on first day of first month 
which begins more than sixty days after Oct. 20, 1976, see section 10 of 
Pub. L. 94-571, set out as a note under section 1101 of this title.


                    Effective Date of 1965 Amendment

    Section 20 of Pub. L. 89-236 provided that: ``This Act [amending 
this section and sections 1101, 1152 to 1156, 1181, 1182, 1201, 1202, 
1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this title, 
repealing section 1157 of this title, and enacting provisions set out as 
a note under this section] shall become effective on the first day of 
the first month after the expiration of thirty days following the date 
of its enactment [Oct. 3, 1965] except as provided herein.''


                 Temporary Reduction in Diversity Visas

    Pub. L. 105-100, title II, Sec. 203(d), Nov. 19, 1997, 111 Stat. 
2199, as amended by Pub. L. 105-139, Sec. 1(d), Dec. 2, 1997, 111 Stat. 
2644, provided that:
    ``(1) Beginning in fiscal year 1999, subject to paragraph (2), the 
number of visas available for a fiscal year under section 201(e) of the 
Immigration and Nationality Act [8 U.S.C. 1151(e)] shall be reduced by 
5,000 from the number of visas otherwise available under that section 
for such fiscal year.
    ``(2) In no case shall the reduction under paragraph (1) for a 
fiscal year exceed the amount by which--
        ``(A) one-half of the total number of individuals described in 
    subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of 
    the Illegal Immigration Reform and Immigrant Responsibility Act of 
    1996 [Pub. L. 104-208, set out as a note under section 1101 of this 
    title] who have adjusted their status to that of aliens lawfully 
    admitted for permanent residence under the Nicaraguan Adjustment and 
    Central American Relief Act [title II of Pub. L. 105-100, see Short 
    Title of 1997 Amendments note set out under section 1101 of this 
    title] as of the end of the previous fiscal year; exceeds
        ``(B) the total of the reductions in available visas under this 
    subsection for all previous fiscal years.''


             Transition Relating to Death of Citizen Spouse

    Section 101(c) of Pub. L. 101-649, as added by Pub. L. 102-232, 
title III, Sec. 302(a)(2), Dec. 12, 1991, 105 Stat. 1742, provided that: 
``In applying the second sentence of section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act [8 U.S.C. 1151(b)(2)(A)(i)] (as amended 
by subsection (a)) in the case of a [sic] alien whose citizen spouse 
died before the date of the enactment of this Act [Nov. 29, 1990], 
notwithstanding the deadline specified in such sentence the alien spouse 
may file the classification petition referred to in such sentence within 
2 years after the date of the enactment of this Act.''


Inapplicability of Numerical Limitations for Certain Aliens Residing in 
                    the United States Virgin Islands

    The numerical limitations described in subsec. (a) of this section 
not to apply in the case of certain aliens residing in the Virgin 
Islands seeking adjustment of their status to permanent resident alien 
status, and such adjustment of status not to result in any reduction in 
the number of aliens who may acquire the status of aliens lawfully 
admitted to the United States for permanent residence under this 
chapter, see section 2(c)(1) of Pub. L. 97-271, set out as a note under 
section 1255 of this title.


Exemption From Numerical Limitations for Certain Aliens Who Applied for 
 Adjustment to Status of Permanent Resident Aliens on or Before June 1, 
                                  1978

    Section 19 of Pub. L. 97-116 provided that: ``The numerical 
limitations contained in sections 201 and 202 of the Immigration and 
Nationality Act [sections 1151 and 1152 of this title] shall not apply 
to any alien who is present in the United States and who, on or before 
June 1, 1978--
        ``(1) qualified as a nonpreference immigrant under section 
    203(a)(8) of such Act [section 1153(a)(8) of this title] (as in 
    effect on June 1, 1978);
        ``(2) was determined to be exempt from the labor certification 
    requirement of section 212(a)(14) of such Act [former section 
    1182(a)(14) of this title] because the alien had actually invested, 
    before such date, capital in an enterprise in the United States of 
    which the alien became a principal manager and which employed a 
    person or persons (other than the spouse or children of the alien) 
    who are citizens of the United States or aliens lawfully admitted 
    for permanent residence; and
        ``(3) applied for adjustment of status to that of an alien 
    lawfully admitted for permanent residence.''


           Select Commission on Immigration and Refugee Policy

    Section 4 of Pub. L. 95-412, as amended by Pub. L. 96-132, Sec. 23, 
Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of a Select 
Commission on Immigration and Refugee Policy to study and evaluate 
existing laws, policies, and procedures governing the admission of 
immigrants and refugees to the United States, to make such 
administrative and legislative recommendations to the President and 
Congress as appropriate, and to submit a final report no later than Mar. 
1, 1981, at which time it ceased to exist although it was authorized to 
function for up to 60 days thereafter to wind up its affairs.


           Select Commission on Western Hemisphere Immigration

    Section 21(a)-(d) and (f)-(h) of Pub. L. 89-236 established a Select 
Commission on Western Hemisphere Immigration to study the operation of 
the immigration laws of the United States as they pertain to Western 
Hemisphere nations, with emphasis on the adequacy of such laws from the 
standpoint of fairness and the impact of such laws on employment and 
working conditions within the United States, and to make a final report 
to the President on or before Jan. 15, 1968, and terminate not later 
than 60 days after filing the final report.


                     Termination of Quota Deductions

    Section 10 of Pub. L. 85-316, Sept. 11, 1957, 71 Stat. 642, provided 
that the quota deductions required under the provisions of former 
subsec. (e) of this section, the Displaced Persons Act of 1948, as 
amended, the act of June 30, 1950, and the act of April 9, 1952 were 
terminated effective July 1, 1957.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1152, 1153, 1154, 
1160, 1182, 1184, 1186a, 1255, 1255a of this title.
