
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: 8USC1152]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1152. Numerical limitations on individual foreign states


(a) Per country level

                        (1) Nondiscrimination

        (A) Except as specifically provided in paragraph (2) and in 
    sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no 
    person shall receive any preference or priority or be discriminated 
    against in the issuance of an immigrant visa because of the person's 
    race, sex, nationality, place of birth, or place of residence.
        (B) Nothing in this paragraph shall be construed to limit the 
    authority of the Secretary of State to determine the procedures for 
    the processing of immigrant visa applications or the locations where 
    such applications will be processed.

     (2) Per country levels for family-sponsored and employment-
                              based immigrants

        Subject to paragraphs (3), (4), and (5), the total number of 
    immigrant visas made available to natives of any single foreign 
    state or dependent area under subsections (a) and (b) of section 
    1153 of this title in any fiscal year may not exceed 7 percent (in 
    the case of a single foreign state) or 2 percent (in the case of a 
    dependent area) of the total number of such visas made available 
    under such subsections in that fiscal year.

             (3) Exception if additional visas available

        If because of the application of paragraph (2) with respect to 
    one or more foreign states or dependent areas, the total number of 
    visas available under both subsections (a) and (b) of section 1153 
    of this title for a calendar quarter exceeds the number of qualified 
    immigrants who otherwise may be issued such a visa, paragraph (2) 
    shall not apply to visas made available to such states or areas 
    during the remainder of such calendar quarter.

        (4) Special rules for spouses and children of lawful 
                          permanent resident aliens

        (A) 75 percent of 2nd preference set-aside for spouses and 
                children not subject to per country limitation

            (i) In general

                Of the visa numbers made available under section 1153(a) 
            of this title to immigrants described in section 
            1153(a)(2)(A) of this title in any fiscal year, 75 percent 
            of the 2-A floor (as defined in clause (ii)) shall be issued 
            without regard to the numerical limitation under paragraph 
            (2).
            (ii) ``2-A floor'' defined

                In this paragraph, the term ``2-A floor'' means, for a 
            fiscal year, 77 percent of the total number of visas made 
            available under section 1153(a) of this title to immigrants 
            described in section 1153(a)(2) of this title in the fiscal 
            year.

        (B) Treatment of remaining 25 percent for countries subject to 
                subsection (e)

            (i) In general

                Of the visa numbers made available under section 1153(a) 
            of this title to immigrants described in section 
            1153(a)(2)(A) of this title in any fiscal year, the 
            remaining 25 percent of the 2-A floor shall be available in 
            the case of a state or area that is subject to subsection 
            (e) of this section only to the extent that the total number 
            of visas issued in accordance with subparagraph (A) to 
            natives of the foreign state or area is less than the 
            subsection (e) ceiling (as defined in clause (ii)).
            (ii) ``Subsection (e) ceiling'' defined

                In clause (i), the term ``subsection (e) ceiling'' 
            means, for a foreign state or dependent area, 77 percent of 
            the maximum number of visas that may be made available under 
            section 1153(a) of this title to immigrants who are natives 
            of the state or area under section 1153(a)(2) of this title 
            consistent with subsection (e) of this section.

        (C) Treatment of unmarried sons and daughters in countries 
                subject to subsection (e)

            In the case of a foreign state or dependent area to which 
        subsection (e) of this section applies, the number of immigrant 
        visas that may be made available to natives of the state or area 
        under section 1153(a)(2)(B) of this title may not exceed--
                (i) 23 percent of the maximum number of visas that may 
            be made available under section 1153(a) of this title to 
            immigrants of the state or area described in section 
            1153(a)(2) of this title consistent with subsection (e) of 
            this section, or
                (ii) the number (if any) by which the maximum number of 
            visas that may be made available under section 1153(a) of 
            this title to immigrants of the state or area described in 
            section 1153(a)(2) of this title consistent with subsection 
            (e) of this section exceeds the number of visas issued under 
            section 1153(a)(2)(A) of this title,

        whichever is greater.

        (D) Limiting pass down for certain countries subject to 
                subsection (e)

            In the case of a foreign state or dependent area to which 
        subsection (e) of this section applies, if the total number of 
        visas issued under section 1153(a)(2) of this title exceeds the 
        maximum number of visas that may be made available to immigrants 
        of the state or area under section 1153(a)(2) of this title 
        consistent with subsection (e) of this section (determined 
        without regard to this paragraph), in applying paragraphs (3) 
        and (4) of section 1153(a) of this title under subsection (e)(2) 
        of this section all visas shall be deemed to have been required 
        for the classes specified in paragraphs (1) and (2) of such 
        section.

              (5) Rules for employment-based immigrants

        (A) Employment-based immigrants not subject to per country 
                limitation if additional visas available

            If the total number of visas available under paragraph (1), 
        (2), (3), (4), or (5) of section 1153(b) of this title for a 
        calendar quarter exceeds the number of qualified immigrants who 
        may otherwise be issued such visas, the visas made available 
        under that paragraph shall be issued without regard to the 
        numerical limitation under paragraph (2) of this subsection 
        during the remainder of the calendar quarter.

        (B) Limiting fall across for certain countries subject to 
                subsection (e) of this section

            In the case of a foreign state or dependent area to which 
        subsection (e) of this section applies, if the total number of 
        visas issued under section 1153(b) of this title exceeds the 
        maximum number of visas that may be made available to immigrants 
        of the state or area under section 1153(b) of this title 
        consistent with subsection (e) of this section (determined 
        without regard to this paragraph), in applying subsection (e) of 
        this section all visas shall be deemed to have been required for 
        the classes of aliens specified in section 1153(b) of this 
        title.

(b) Rules for chargeability

    Each independent country, self-governing dominion, mandated 
territory, and territory under the international trusteeship system of 
the United Nations, other than the United States and its outlying 
possessions, shall be treated as a separate foreign state for the 
purposes of a numerical level established under subsection (a)(2) of 
this section when approved by the Secretary of State. All other 
inhabited lands shall be attributed to a foreign state specified by the 
Secretary of State. For the purposes of this chapter the foreign state 
to which an immigrant is chargeable shall be determined by birth within 
such foreign state except that (1) an alien child, when accompanied by 
or following to join his alien parent or parents, may be charged to the 
foreign state of either parent if such parent has received or would be 
qualified for an immigrant visa, if necessary to prevent the separation 
of the child from the parent or parents, and if immigration charged to 
the foreign state to which such parent has been or would be chargeable 
has not reached a numerical level established under subsection (a)(2) of 
this section for that fiscal year; (2) if an alien is chargeable to a 
different foreign state from that of his spouse, the foreign state to 
which such alien is chargeable may, if necessary to prevent the 
separation of husband and wife, be determined by the foreign state of 
the spouse he is accompanying or following to join, if such spouse has 
received or would be qualified for an immigrant visa and if immigration 
charged to the foreign state to which such spouse has been or would be 
chargeable has not reached a numerical level established under 
subsection (a)(2) of this section for that fiscal year; (3) an alien 
born in the United States shall be considered as having been born in the 
country of which he is a citizen or subject, or, if he is not a citizen 
or subject of any country, in the last foreign country in which he had 
his residence as determined by the consular officer; and (4) an alien 
born within any foreign state in which neither of his parents was born 
and in which neither of his parents had a residence at the time of such 
alien's birth may be charged to the foreign state of either parent.

(c) Chargeability for dependent areas

    Any immigrant born in a colony or other component or dependent area 
of a foreign state overseas from the foreign state, other than an alien 
described in section 1151(b) of this title, shall be chargeable for the 
purpose of the limitation set forth in subsection (a) of this section, 
to the foreign state.

(d) Changes in territory

    In the case of any change in the territorial limits of foreign 
states, the Secretary of State shall, upon recognition of such change 
issue appropriate instructions to all diplomatic and consular offices.

(e) Special rules for countries at ceiling

    If it is determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 1153 of this title to 
natives of any single foreign state or dependent area will exceed the 
numerical limitation specified in subsection (a)(2) of this section in 
any fiscal year, in determining the allotment of immigrant visa numbers 
to natives under subsections (a) and (b) of section 1153 of this title, 
visa numbers with respect to natives of that state or area shall be 
allocated (to the extent practicable and otherwise consistent with this 
section and section 1153 of this title) in a manner so that--
        (1) the ratio of the visa numbers made available under section 
    1153(a) of this title to the visa numbers made available under 
    section 1153(b) of this title is equal to the ratio of the worldwide 
    level of immigration under section 1151(c) of this title to such 
    level under section 1151(d) of this title;
        (2) except as provided in subsection (a)(4) of this section, the 
    proportion of the visa numbers made available under each of 
    paragraphs (1) through (4) of section 1153(a) of this title is equal 
    to the ratio of the total number of visas made available under the 
    respective paragraph to the total number of visas made available 
    under section 1153(a) of this title, and
        (3) except as provided in subsection (a)(5) of this section, the 
    proportion of the visa numbers made available under each of 
    paragraphs (1) through (5) of section 1153(b) of this title is equal 
    to the ratio of the total number of visas made available under the 
    respective paragraph to the total number of visas made available 
    under section 1153(b) of this title.

Nothing in this subsection shall be construed as limiting the number of 
visas that may be issued to natives of a foreign state or dependent area 
under section 1153(a) or 1153(b) of this title if there is insufficient 
demand for visas for such natives under section 1153(b) or 1153(a) of 
this title, respectively, or as limiting the number of visas that may be 
issued under section 1153(a)(2)(A) of this title pursuant to subsection 
(a)(4)(A) of this section.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 202, 66 Stat. 176; Pub. 
L. 87-301, Sec. 9, Sept. 26, 1961, 75 Stat. 654; Pub. L. 89-236, Sec. 2, 
Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571, Sec. 3, Oct. 20, 1976, 90 
Stat. 2703; Pub. L. 95-412, Sec. 2, Oct. 5, 1978, 92 Stat. 907; Pub. L. 
96-212, title II, Sec. 203(b), Mar. 17, 1980, 94 Stat. 107; Pub. L. 97-
116, Secs. 18(c), 20(b), Dec. 29, 1981, 95 Stat. 1620, 1622; Pub. L. 99-
603, title III, Sec. 311(a), Nov. 6, 1986, 100 Stat. 3434; Pub. L. 99-
653, Sec. 4, Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100-525, Secs. 8(c), 
9(f), Oct. 24, 1988, 102 Stat. 2617, 2620; Pub. L. 101-649, title I, 
Sec. 102, Nov. 29, 1990, 104 Stat. 4982; Pub. L. 102-232, title III, 
Sec. 302(a)(3), Dec. 12, 1991, 105 Stat. 1742; Pub. L. 104-208, div. C, 
title VI, Sec. 633, Sept. 30, 1996, 110 Stat. 3009-701; Pub. L. 106-313, 
title I, Sec. 104(a), (b), Oct. 17, 2000, 114 Stat. 1252, 1253.)


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-313, Sec. 104(b)(1), substituted 
``paragraphs (3), (4), and (5)'' for ``paragraphs (3) and (4)''.
    Subsec. (a)(5). Pub. L. 106-313, Sec. 104(a), added par. (5).
    Subsec. (e)(3). Pub. L. 106-313, Sec. 104(b)(2), substituted 
``except as provided in subsection (a)(5) of this section, the 
proportion of the visa numbers'' for ``the proportion of the visa 
numbers''.
    1996--Subsec. (a)(1). Pub. L. 104-208 designated existing provisions 
as subpar. (A) and added subpar. (B).
    1991--Subsec. (a)(4)(A). Pub. L. 102-232 struck out ``minimum'' 
before ``2nd preference set-aside'' in heading.
    1990--Subsec. (a). Pub. L. 101-649, Sec. 102(1), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``No person 
shall receive any preference or priority or be discriminated against in 
the issuance of an immigrant visa because of his race, sex, nationality, 
place of birth, or place of residence, except as specifically provided 
in sections 1101(a)(27), 1151(b), and 1153 of this title: Provided, That 
the total number of immigrant visas made available to natives of any 
single foreign state under paragraphs (1) through (7) of section 1153(a) 
of this title shall not exceed 20,000 in any fiscal year: And provided 
further, That to the extent that in a particular fiscal year the number 
of such natives who are issued immigrant visas or who may otherwise 
acquire the status of aliens lawfully admitted for permanent residence 
and who are subject to the numerical limitations of this section, 
together with the aliens from the same foreign state who adjust their 
status to aliens lawfully admitted for permanent residence pursuant to 
subparagraph (H) of section 1101(a)(27) of this title or section 19 of 
the Immigration and Nationality Amendments Act of 1981, exceed the 
numerical limitation in effect for such year pursuant to this section, 
the Secretary of State shall reduce to such extent the numerical 
limitation in effect for the natives of the same foreign state pursuant 
to this section for the following fiscal year.''
    Subsec. (b). Pub. L. 101-649, Sec. 102(2), inserted heading and 
substituted reference to numerical level established under subsec. 
(a)(2) of this section for reference to numerical limitation set forth 
in proviso to subsec. (a) of this section, wherever appearing.
    Subsec. (c). Pub. L. 101-649, Sec. 102(3), inserted heading and 
substituted ``an alien described in section 1151(b) of this title'' for 
``a special immigrant, as defined in section 1101(a)(27) of this title, 
or an immediate relative of a United States citizen, as defined in 
section 1151(b) of this title'' and struck out ``, and the number of 
immigrant visas available to each such colony or other component or 
dependent area shall not exceed 5,000 in any one fiscal year'' after 
``to the foreign state''.
    Subsec. (d). Pub. L. 101-649, Sec. 102(4), inserted heading.
    Subsec. (e). Pub. L. 101-649, Sec. 102(5), amended subsec. (e) 
generally, substituting provisions relating to special rules for 
countries at ceiling for provisions relating to availability and 
allocation of additional visas.
    1988--Subsec. (b). Pub. L. 100-525, Sec. 8(c), amended Pub. L. 99-
653, Sec. 4. See 1986 Amendment note below.
    Subsec. (c). Pub. L. 100-525, Sec. 9(f)(1), substituted ``subsection 
(a)'' for ``section 202(a)'' in original, which for purposes of 
codification had been translated as ``subsection (a) of this section''.
    Subsec. (e). Pub. L. 100-525, Sec. 9(f)(2), substituted ``this 
section'' for ``section 202'' in original, which for purposes of 
codification had been translated as ``this section''.
    1986--Subsec. (b). Pub. L. 99-653, as amended by Pub. L. 100-525, 
Sec. 8(c), amended subsec. (b) generally, substituting ``outlying 
possessions, shall'' for ``outlying possessions shall'', in cl. (1) 
substituting ``when accompanied by or following to join his alien'' for 
``when accompanied by his alien'', ``charged to the foreign state of 
either parent'' for ``charged to the same foreign state as the 
accompanying parent or of either accompanying parent'', ``from the 
parent'' for ``from the accompanying parent'', ``and if immigration 
charged to the foreign state to which such parent has been or would be 
chargeable has not reached the numerical'' for ``and if the foreign 
state to which such parent has been or would be chargeable has not 
exceeded the numerical'', in cl. (2) substituting ``of his spouse'' for 
``of his accompanying spouse'', ``of the spouse he is accompanying or 
following to join'' for ``of the accompanying spouse'', ``and if 
immigration charged to the foreign state to which such spouse has been 
or would be chargeable has not reached the numerical'' for ``and if the 
foreign state to which such spouse has been or would be chargeable has 
not exceeded the numerical'', and in cl. (3) substituting ``subject, or, 
if'' for ``subject, or if'' and ``country, in'' for ``country then in''.
    Subsec. (c). Pub. L. 99-603, Sec. 311(a)(1), substituted ``5,000'' 
for ``six hundred''.
    Subsec. (e). Pub. L. 99-603, Sec. 311(a)(2), substituted ``5,000'' 
for ``600'' in provisions preceding par. (1).
    1981--Subsec. (a). Pub. L. 97-116, Sec. 20(b), inserted proviso 
authorizing Secretary of State, to the extent that in a particular 
fiscal year the number of natives who are issued visas or who otherwise 
acquire the status of aliens lawfully admitted for permanent residence, 
and who are subject to the numerical limitation of this section, 
together with the aliens from the same foreign state who adjust their 
status to aliens lawfully admitted for permanent residence pursuant to 
section 1101(a)(27)(H) of this title and section 19 of the Immigration 
and Nationality Amendments of 1981, exceed the annual numerical 
limitation in effect for such year, to reduce to such extent the 
numerical limitation in effect for the natives of the same foreign state 
for the following fiscal year.
    Subsec. (b). Pub. L. 97-116, Sec. 18(c), inserted ``and'' before 
``(4)''.
    1980--Subsec. (a). Pub. L. 96-212, Sec. 203(b)(1), (2), substituted 
``through (7)'' for ``through (8)'', and struck out ``and the number of 
conditional entries'' after ``visas''.
    Subsec. (e). Pub. L. 96-212, Sec. 203(b)(3)-(7), in introductory 
text struck out provisions relating to applicability to conditional 
entries, in par. (2) substituted ``(26)'' for ``(20)'', struck out par. 
(7) relating to availability of conditional entries, and redesignated 
par. (8) as (7) and substituted ``through (6)'' for ``through (7)''.
    1978--Subsec. (c). Pub. L. 95-412 substituted ``limitation set forth 
in subsection (a) of this section, to the foreign state,'' for 
``limitations set forth in section 1151(a) and subsection (a) of this 
section, to the hemisphere in which such colony or other component or 
dependent area is located, and to the foreign state, respectively,'' and 
``six hundred'' for ``600''.
    1976--Subsec. (a). Pub. L. 94-571, Sec. 3(1), struck out last 
proviso which read: ``Provided further, That the foregoing proviso shall 
not operate to reduce the number of immigrants who may be admitted under 
the quota of any quota area before June 30, 1968''.
    Subsec. (c). Pub. L. 94-571, Sec. 3(2), in revising provisions, 
substituted ``overseas from the foreign state, other than a special 
immigrant, as defined in section 1101(a)(27) of this title, or an 
immediate relative of a United States citizen, as defined in section 
1151(b) of this title, shall be chargeable for the purpose of the 
limitations set forth in section 1151(a) of this title and subsection 
(a) of this section, to the hemisphere in which such colony or other 
component or dependent area is located, and to the foreign state, 
respectively, and the number of immigrant visas available to each such 
colony or other component or dependent area shall not exceed 600 in any 
one fiscal year'' for ``unless a special immigrant as provided in 
section 1101(a)(27) of this title or an immediate relative of a United 
States citizen as specified in section 1151(b) of this title, shall be 
chargeable, for the purpose of limitation set forth in subsection (a) of 
this section, to the foreign state, except that the number of persons 
born in any such colony or other component or dependent area overseas 
from the foreign state chargeable to the foreign state in any one fiscal 
year shall not exceed 1 per centum of the maximum number of immigrant 
visas available to such foreign state''.
    Subsec. (e). Pub. L. 94-571, Sec. 3(3), added subsec. (e).
    1965--Subsec. (a). Pub. L. 89-236 substituted provisions prohibiting 
preferences or priorities or discrimination in the issuance of an 
immigrant visa because of race, sex, nationality, place of birth, or 
place of residence, setting a limit of 20,000 per year on the total 
number of entries available to natives of any single foreign state, and 
prohibiting the 20,000 limitation from reducing the number of immigrants 
under the quota of any quota area before June 30, 1968, for provisions 
calling for the charging of immigrants, with certain exceptions, to the 
annual quota of the quota area of his birth.
    Subsec. (b). Pub. L. 89-236 substituted provisions calling for 
treatment of each independent country, self-governing dominion, mandated 
territory, and trusteeship territory as a separate foreign state for 
purposes of determining the numerical limitation imposed on each foreign 
state, and chargeability of immigrants to the country of their birth 
except where such chargeability would cause the family unit to be 
divided, for provisions setting up the Asia-Pacific triangle and 
providing for the special treatment of quota chargeability thereunder on 
the basis of racial ancestry.
    Subsec. (c). Pub. L. 89-236 substituted provisions making immigrants 
born in colonies or other component or dependent areas of a foreign 
state chargeable to the foreign state and placing a limitation on the 
number of such immigrants of 1 per centum of the maximum number of visas 
available to the foreign state, for provisions making immigrants born in 
colonies for which no specific quota are set chargeable to the governing 
country and placing a limit of 100 on such immigrants from each 
governing country each year, with special application to the Asia-
Pacific triangle.
    Subsec. (d). Pub. L. 89-236 substituted provisions requiring 
Secretary of State, upon a change in the territorial limits of foreign 
states, to issue appropriate instructions to all diplomatic and consular 
offices, for provisions that the terms of an immigration quota for a 
quota area do not constitute recognition of the transfer of territory or 
of a government not recognized by the United States.
    Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which allowed 
revision of quotas.
    1961--Subsec. (e). Pub. L. 87-301 provided that if an area undergoes 
a change of administrative arrangements, boundaries, or other political 
change, the annual quota of the newly established area, or the visas 
authorized to be issued shall not be less than the total of quotas in 
effect or visas authorized for the area immediately preceding the 
change, and deleted provisions which in the event of an increase in 
minimum quota areas above twenty in the Asia-Pacific triangle, would 
proportionately decrease each quota of the area so the sum of all area 
quotas did not exceed two thousand.


                    Effective Date of 1991 Amendment

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


                    Effective Date of 1990 Amendment

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


                    Effective Date of 1988 Amendment

    Amendment by section 8(c) of Pub. L. 100-525 effective as if 
included in the enactment of the Immigration and Nationality Act 
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 
102-232, set out as an Effective and Termination Dates of 1988 
Amendments note under section 1101 of this title.


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-653 applicable to visas issued, and 
admissions occurring, on or after Nov. 14, 1986, see section 23(a) of 
Pub. L. 99-653, set out as a note under section 1101 of this title.
    Section 311(b) of Pub. L. 99-603 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to fiscal 
years beginning after the date of the enactment of this Act [Nov. 6, 
1986].''


                    Effective Date of 1981 Amendment

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


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-212 effective, except as otherwise provided, 
Apr. 1, 1980, see section 204 of Pub. L. 96-212, set out as a note under 
section 1101 of this title.


                    Effective Date of 1976 Amendment

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


                    Effective Date of 1965 Amendment

    For effective date of amendment by Pub. L. 89-236, see section 20 of 
Pub. L. 89-236, set out as a note under section 1151 of this title.


             Treatment of Hong Kong Under Per Country Levels

    Section 103 of Pub. L. 101-649 provided that: ``The approval 
referred to in the first sentence of section 202(b) of the Immigration 
and Nationality Act [8 U.S.C. 1152(b)] shall be considered to have been 
granted, effective beginning with fiscal year 1991, with respect to Hong 
Kong as a separate foreign state, and not as a colony or other component 
or dependent area of another foreign state, except that the total number 
of immigrant visas made available to natives of Hong Kong under 
subsections (a) and (b) of section 203 of such Act [8 U.S.C. 1153(a), 
(b)] in each of fiscal years 1991, 1992, and 1993 may not exceed 
10,000.''
    [Section 103 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless 
otherwise provided) applicable to fiscal year 1991, see section 161(b) 
of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note 
under section 1101 of this title.]


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

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


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

    For provisions rendering inapplicable the numerical limitations 
contained in this section to certain aliens who had applied for 
adjustment to the status of permanent resident alien on or before June 
1, 1978, see section 19 of Pub. L. 97-116, set out as a note under 
section 1151 of this title.


   Approval by Secretary of State Treating Taiwan (China) as Separate 
  Foreign State for Purposes of Numerical Limitation on Immigrant Visas

    Pub. L. 97-113, title VII, Sec. 714, Dec. 29, 1981, 95 Stat. 1548, 
provided that: ``The approval referred to in the first sentence of 
section 202(b) of the Immigration and Nationality Act [subsec. (b) of 
this section] shall be considered to have been granted with respect to 
Taiwan (China).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1153, 1160, 1255, 1255a, 
1255b of this title; title 22 section 3303.
