
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1153]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
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--
                (i) which the alien has established,
                (ii) 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
                (iii) 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 establish 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).

           (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.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 203, 66 Stat. 178; Pub. 
L. 85-316, Sec. 3, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86-363, 
Secs. 1-3, Sept. 22, 1959, 73 Stat. 644; Pub. L. 89-236, Sec. 3, Oct. 3, 
1965, 79 Stat. 912; Pub. L. 94-571, Sec. 4, Oct. 20, 1976, 90 Stat. 
2705; Pub. L. 95-412, Sec. 3, Oct. 5, 1978, 92 Stat. 907; Pub. L. 95-
417, Sec. 1, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96-212, title II, 
Sec. 203(c), (i), Mar. 17, 1980, 94 Stat. 107, 108; Pub. L. 101-649, 
title I, Secs. 111, 121(a), 131, 162(a)(1), title VI, Sec. 603(a)(3), 
Nov. 29, 1990, 104 Stat. 4986, 4987, 4997, 5009, 5082; Pub. L. 102-110, 
Sec. 2(b), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102-232, title III, 
Sec. 302(b)(2), (e)(3), Dec. 12, 1991, 105 Stat. 1743, 1745; Pub. L. 
103-416, title II, Secs. 212(b), 219(c), Oct. 25, 1994, 108 Stat. 4314, 
4316; Pub. L. 106-95, Sec. 5, Nov. 12, 1999, 113 Stat. 1318; Pub. L. 
106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 117], Nov. 29, 1999, 113 
Stat. 1535, 1501A-21; Pub. L. 106-536, Sec. 1(b)(1), Nov. 22, 2000, 114 
Stat. 2560.)

                       References in Text

    The enactment date of this subsection, referred to in subsec. 
(b)(2)(B)(ii)(IV), probably means the date of enactment of Pub. L. 106-
95, which amended subsec. (b)(2)(B) of this section generally, and which 
was approved Nov. 12, 1999.


                               Amendments

    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 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.


          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. 102-509, Oct. 24, 1992, 106 Stat. 3316, 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.
    ``(b) Regulations.--The Attorney General shall prescribe regulations 
to carry out subsection (a).
    ``(c) Limitation.--Not more than 750 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) Termination.--The authority of subsection (a) shall terminate 
4 years after the date of enactment of this Act [Oct. 24, 1992].''


                        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, 
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 Attorney General, 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 for the 
promotion of economic growth, including increased export sales, improved 
regional productivity, job creation, and increased domestic capital 
investment.
    ``(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 Attorney General, shall set 
aside 3,000 visas annually for 10 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) of 
the Immigration and Nationality Act [8 U.S.C. 1153(b)(5)(A)(iii)], and 
notwithstanding the requirements of 8 CFR 204.6, the Attorney General 
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.''
    [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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1151, 1152, 1154, 
1182, 1183a, 1184, 1186a, 1186b, 1227, 1255, 1356, 1574, 1641 of this 
title; title 42 section 1382j.
