§ 1153. — Allocation of immigrant visas.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 (including a limited partnership)--
(i) in which such alien has invested (after November 29,
1990) or, is actively in the process of investing, capital
in an amount not less than the amount specified in
subparagraph (C), and
(ii) which will benefit the United States economy and
create full-time employment for not fewer than 10 United
States citizens or aliens lawfully admitted for permanent
residence or other immigrants lawfully authorized to be
employed in the United States (other than the immigrant and
the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made available under
this paragraph in each fiscal year shall be reserved for
qualified immigrants who invest in a new commercial
enterprise described in subparagraph (A) which will create
employment in a targeted employment area.
(ii) ``Targeted employment area'' defined
In this paragraph, the term ``targeted employment area''
means, at the time of the investment, a rural area or an
area which has experienced high unemployment (of at least
150 percent of the national average rate).
(iii) ``Rural area'' defined
In this paragraph, the term ``rural area'' means any
area other than an area within a metropolitan statistical
area or within the outer boundary of any city or town having
a population of 20,000 or more (based on the most recent
decennial census of the United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the
amount of capital required under subparagraph (A) shall be
$1,000,000. The Attorney General, in consultation with the
Secretary of Labor and the Secretary of State, may from time
to time prescribe regulations increasing the dollar amount
specified under the previous sentence.
(ii) Adjustment for targeted employment areas
The Attorney General may, in the case of investment made
in a targeted employment area, specify an amount of capital
required under subparagraph (A) that is less than (but not
less than \1/2\ of) the amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a part of a
metropolitan statistical area that at the time of the
investment--
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate
significantly below the national average unemployment
rate,
the Attorney General may specify an amount of capital required
under subparagraph (A) that is greater than (but not greater
than 3 times) the amount specified in clause (i).
(D) Full-time employment defined
In this paragraph, the term ``full-time employment'' means
employment in a position that requires at least 35 hours of
service per week at any time, regardless of who fills the
position.
(6) Special rules for ``K'' special immigrants
(A) Not counted against numerical limitation in year involved
Subject to subparagraph (B), the number of immigrant visas
made available to special immigrants under section
1101(a)(27)(K) of this title in a fiscal year shall not be
subject to the numerical limitations of this subsection or of
section 1152(a) of this title.
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant
classifications
The number of visas made available in any fiscal year
under paragraphs (1), (2), and (3) shall each be reduced by
\1/3\ of the number of visas made available in the previous
fiscal year to special immigrants described in section
1101(a)(27)(K) of this title.
(ii) Reduction in per country level
The number of visas made available in each fiscal year
to natives of a foreign state under section 1152(a) of this
title shall be reduced by the number of visas made available
in the previous fiscal year to special immigrants described
in section 1101(a)(27)(K) of this title who are natives of
the foreign state.
(iii) Reduction in employment-based immigrant
classifications within per country ceiling
In the case of a foreign state subject to section
1152(e) of this title in a fiscal year (and in the previous
fiscal year), the number of visas made available and
allocated to each of paragraphs (1) through (3) of this
subsection in the fiscal year shall be reduced by \1/3\ of
the number of visas made available in the previous fiscal
year to special immigrants described in section
1101(a)(27)(K) of this title who are natives of the foreign
state.
(c) Diversity immigrants
(1) In general
Except as provided in paragraph (2), aliens subject to the
worldwide level specified in section 1151(e) of this title for
diversity immigrants shall be allotted visas each fiscal year as
follows:
(A) Determination of preference immigration
The Attorney General shall determine for the most recent
previous 5-fiscal-year period for which data are available, the
total number of aliens who are natives of each foreign state and
who (i) were admitted or otherwise provided lawful permanent
resident status (other than under this subsection) and (ii) were
subject to the numerical limitations of section 1151(a) of this
title (other than paragraph (3) thereof) or who were admitted or
otherwise provided lawful permanent resident status as an
immediate relative or other alien described in section
1151(b)(2) of this title.
(B) Identification of high-admission and low-admission regions
and high-admission and low-admission states
The Attorney General--
(i) shall identify--
(I) each region (each in this paragraph referred to
as a ``high-admission region'') for which the total of
the numbers determined under subparagraph (A) for states
in the region is greater than \1/6\ of the total of all
such numbers, and
(II) each other region (each in this paragraph
referred to as a ``low-admission region''); and
(ii) shall identify--
(I) each foreign state for which the number
determined under subparagraph (A) is greater than 50,000
(each such state in this paragraph referred to as a
``high-admission state''), and
(II) each other foreign state (each such state in
this paragraph referred to as a ``low-admission
state'').
(C) Determination of percentage of worldwide immigration
attributable to high-admission regions
The Attorney General shall determine the percentage of the
total of the numbers determined under subparagraph (A) that are
numbers for foreign states in high-admission regions.
(D) Determination of regional populations excluding high-
admission states and ratios of populations of regions
within low-admission regions and high-admission regions
The Attorney General shall determine--
(i) based on available estimates for each region, the
total population of each region not including the population
of any high-admission state;
(ii) for each low-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for
all the low-admission regions; and
(iii) for each high-admission region, the ratio of the
population of the region determined under clause (i) to the
total of the populations determined under such clause for
all the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states
The percentage of visas made available under this
paragraph to natives of a high-admission state is 0.
(ii) For low-admission states in low-admission
regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a low-admission region
is the product of--
(I) the percentage determined under subparagraph
(C), and
(II) the population ratio for that region determined
under subparagraph (D)(ii).
(iii) For low-admission states in high-admission
regions
Subject to clauses (iv) and (v), the percentage of visas
made available under this paragraph to natives (other than
natives of a high-admission state) in a high-admission
region is the product of--
(I) 100 percent minus the percentage determined
under subparagraph (C), and
(II) the population ratio for that region determined
under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that the number of
immigrant visas to be issued to natives in any region for a
fiscal year under this paragraph is less than the number of
immigrant visas made available to such natives under this
paragraph for the fiscal year, subject to clause (v), the
excess visa numbers shall be made available to natives
(other than natives of a high-admission state) of the other
regions in proportion to the percentages otherwise specified
in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single
foreign state
The percentage of visas made available under this
paragraph to natives of any single foreign state for any
fiscal year shall not exceed 7 percent.
(F) ``Region'' defined
Only for purposes of administering the diversity program
under this subsection, Northern Ireland shall be treated as a
separate foreign state, each colony or other component or
dependent area of a foreign state overseas from the foreign
state shall be treated as part of the foreign state, and the
areas described in each of the following clauses shall be
considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the
Caribbean.
(2) Requirement of education or work experience
An alien is not eligible for a visa under this subsection unless
the alien--
(A) has at least a high school education or its equivalent,
or
(B) has, within 5 years of the date of application for a
visa under this subsection, at least 2 years of work experience
in an occupation which requires at least 2 years of training or
experience.
(3) Maintenance of information
The Secretary of State shall maintain information on the age,
occupation, education level, and other relevant characteristics of
immigrants issued visas under this subsection.
(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or
(E) of section 1101(b)(1) of this title shall, if not otherwise entitled
to an immigrant status and the immediate issuance of a visa under
subsection (a), (b), or (c) of this section, be entitled to the same
status, and the same order of consideration provided in the respective
subsection, if accompanying or following to join, the spouse or parent.
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of
this section shall be issued to eligible immigrants in the order in
which a petition in behalf of each such immigrant is filed with the
Attorney General (or in the case of special immigrants under section
1101(a)(27)(D) of this title, with the Secretary of State) as provided
in section 1154(a) of this title.
(2) Immigrant visa numbers made available under subsection (c) of
this section (relating to diversity immigrants) shall be issued to
eligible qualified immigrants strictly in a random order established by
the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section shall
be maintained in accordance with regulations prescribed by the Secretary
of State.
(f) Authorization for issuance
In the case of any alien claiming in his application for an
immigrant visa to be described in section 1151(b)(2) of this title or in
subsection (a), (b), or (c) of this section, the consular officer shall
not grant such status until he has been authorized to do so as provided
by section 1154 of this title.
(g) Lists
For purposes of carrying out the Secretary's responsibilities in the
orderly administration of this section, the Secretary of State may make
reasonable estimates of the anticipated numbers of visas to be issued
during any quarter of any fiscal year within each of the categories
under subsections (a), (b), and (c) of this section and to rely upon
such estimates in authorizing the issuance of visas. The Secretary of
State shall terminate the registration of any alien who fails to apply
for an immigrant visa within one year following notification to the
alien of the availability of such visa, but the Secretary shall
reinstate the registration of any such alien who establishes within 2
years following the date of notification of the availability of such
visa that such failure to apply was due to circumstances beyond the
alien's control.
(h) Rules for determining whether certain aliens are children
(1) In general
For purposes of subsections (a)(2)(A) and (d) of this section, a
determination of whether an alien satisfies the age requirement in
the matter preceding subparagraph (A) of section 1101(b)(1) of this
title shall be made using--
(A) the age of the alien on the date on which an immigrant
visa number becomes available for such alien (or, in the case of
subsection (d) of this section, the date on which an immigrant
visa number became available for the alien's parent), but only
if the alien has sought to acquire the status of an alien
lawfully admitted for permanent residence within one year of
such availability; reduced by
(B) the number of days in the period during which the
applicable petition described in paragraph (2) was pending.
(2) Petitions described
The petition described in this paragraph is--
(A) with respect to a relationship described in subsection
(a)(2)(A) of this section, a petition filed under section 1154
of this title for classification of an alien child under
subsection (a)(2)(A) of this section; or
(B) with respect to an alien child who is a derivative
beneficiary under subsection (d) of this section, a petition
filed under section 1154 of this title for classification of the
alien's parent under subsection (a), (b), or (c) of this
section.
(3) Retention of priority date
If the age of an alien is determined under paragraph (1) to be
21 years of age or older for the purposes of subsections (a)(2)(A)
and (d) of this section, the alien's petition shall automatically be
converted to the appropriate category and the alien shall retain the
original priority date issued upon receipt of the original petition.
(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; Pub. L. 107-208, Sec. 3, Aug. 6, 2002, 116 Stat. 928; Pub.
L. 107-273, div. C, title I, Secs. 11035, 11036(a), Nov. 2, 2002, 116
Stat. 1846.)
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
2002--Subsec. (b)(5)(A). Pub. L. 107-273, Sec. 11036(a)(1)(A),
substituted ``enterprise (including a limited partnership)--'' for
``enterprise--'' in introductory provisions.
Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107-273, Sec. 11036(a)(1)(B),
(C), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and
struck out former cl. (i) which read as follows: ``which the alien has
established,''.
Subsec. (b)(5)(B)(i). Pub. L. 107-273, Sec. 11036(a)(2), substituted
``invest in'' for ``establish''.
Subsec. (b)(5)(D). Pub. L. 107-273, Sec. 11035, added subpar. (D).
Subsec. (h). Pub. L. 107-208 added subsec. (h).
2000--Subsec. (b)(4). Pub. L. 106-536 inserted before period at end
``, and not more than 100 may be made available in any fiscal year to
special immigrants, excluding spouses and children, who are described in
section 1101(a)(27)(M) of this title''.
1999--Subsec. (b)(2)(B). Pub. L. 106-95 and Pub. L. 106-113 amended
subpar. (B) generally in substantially identical manner. Pub. L. 106-95
provided headings. Text is based on Pub. L. 106-113. Prior to amendment,
text read as follows: ``The Attorney General may, when he deems it to be
in the national interest, waive the requirement of subparagraph (A) that
an alien's services in the sciences, arts, professions, or business be
sought by an employer in the United States.''
1994--Subsec. (b)(5)(B), (C). Pub. L. 103-416, Sec. 219(c),
substituted ``Targeted'' and ``targeted'' for ``Targetted'' and
``targetted'', respectively, wherever appearing in headings and text.
Subsec. (b)(6)(C). Pub. L. 103-416, Sec. 212(b), struck out subpar.
(C) which related to application of separate numerical limitations.
1991--Subsec. (b)(1). Pub. L. 102-232, Sec. 302(b)(2)(A),
substituted ``28.6 percent of such worldwide level'' for ``40,000''.
Subsec. (b)(1)(C). Pub. L. 102-232, Sec. 302(b)(2)(B), substituted
``the alien seeks'' for ``who seeks''.
Subsec. (b)(2)(A). Pub. L. 102-232, Sec. 302(b)(2)(A), substituted
``28.6 percent of such worldwide level'' for ``40,000''.
Subsec. (b)(2)(B). Pub. L. 102-232, Sec. 302(b)(2)(D), inserted
``professions,'' after ``arts,''.
Subsec. (b)(3)(A). Pub. L. 102-232, Sec. 302(b)(2)(A), substituted
``28.6 percent of such worldwide level'' for ``40,000''.
Subsec. (b)(4), (5)(A). Pub. L. 102-232, Sec. 302(b)(2)(C),
substituted ``7.1 percent of such worldwide level'' for ``10,000''.
Subsec. (b)(6). Pub. L. 102-110 added par. (6).
Subsec. (f). Pub. L. 102-232, Sec. 302(e)(3), substituted
``Authorization for issuance'' for ``Presumption'' in heading, struck
out at beginning ``Every immigrant shall be presumed not to be described
in subsection (a) or (b) of this section, section 1101(a)(27) of this
title, or section 1151(b)(2) of this title, until the immigrant
establishes to the satisfaction of the consular officer and the
immigration officer that the immigrant is so described.'', and
substituted ``1151(b)(2) of this title or in subsection (a), (b), or
(c)'' for ``1151(b)(1) of this title or in subsection (a) or (b)''.
1990--Subsec. (a). Pub. L. 101-649, Sec. 111(2), added subsec. (a)
and struck out former subsec. (a) which related to allocation of visas
of aliens subject to section 1151(a) limitations.
Subsec. (a)(7). Pub. L. 101-649, Sec. 603(a)(3), substituted
``section 1182(a)(5) of this title'' for ``section 1182(a)(14) of this
title''.
Subsec. (b). Pub. L. 101-649, Secs. 111(1), 121(a), added subsec.
(b) and redesignated former subsec. (b) as (d).
Subsec. (c). Pub. L. 101-649, Secs. 111(1), 131, added subsec. (c)
and redesignated former subsec. (c) as (e).
Subsec. (d). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (d) and
struck out former subsec. (d) which related to order of consideration
given applications for immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated former subsec. (b) as
(d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (e) and
struck out former subsec. (e) which related to order of issuance of
immigrant visas.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (c) as (e).
Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (f) and
struck out former subsec. (f) which related to presumption of
nonpreference status and grant of status by consular officers.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (g) and
struck out former subsec. (g) which related to estimates of anticipated
numbers of visas to be issued, termination and reinstatement of
registration of aliens, and revocation of approval of petition.
Pub. L. 101-649, Sec. 111(1), redesignated subsec. (e) as (g).
1980--Subsec. (a). Pub. L. 96-212, Sec. 203(c)(1)-(6), in
introductory text struck out applicability to conditional entry, in par.
(2) substituted ``(26)'' for ``(20)'', struck out par. (7) relating to
availability of conditional entries, redesignated former par. (8) as (7)
and struck out applicability to number of conditional entries and visas
available under former par. (7), and redesignated former par. (9) as (8)
and substituted provisions relating to applicability of pars. (1) to (7)
to visas, for provisions relating to applicability of pars. (1) to (8)
to conditional entries.
Subsec. (d). Pub. L. 96-212, Sec. 203(c)(7), substituted
``preference status under paragraphs (1) through (6)'' for ``preference
status under paragraphs (1) through (7)''.
Subsec. (f). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (f)
which related to reports to Congress of refugees conditionally entering
the United States.
Subsec. (g). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (g)
which set forth provisions respecting inspection and examination of
refugees after one year.
Pub. L. 96-212, Sec. 203(i), substituted provisions relating to
inspection and examination of refugees after one year for provisions
relating to inspection and examination of refugees after two years.
Subsec. (h). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec. (h)
which related to the retroactive readjustment of refugee status as an
alien lawfully admitted for permanent residence.
1978--Subsec. (a)(1) to (7). Pub. L. 95-412 substituted ``1151(a) of
this title'' for ``1151(a)(1) or (2) of this title'' wherever appearing.
Subsec. (a)(8). Pub. L. 95-417 inserted provisions requiring a valid
adoption home-study prior to the granting of a nonpreference visa for
children adopted abroad or coming for adoption by United States citizens
and requiring that no other nonpreference visa be issued to an unmarried
child under the age of 16 unless accompanying or following to join his
natural parents.
1976--Subsec. (a). Pub. L. 94-571, Sec. 4(1)-(3), substituted
``section 1151(a)(1) or (2) of this title'' for ``section 1151(a)(ii) of
this title'' in pars. (1) to (7); made visas available, in par. (3), to
qualified immigrants whose services in the professions, sciences, or
arts are sought by an employer in the United States; and required, in
par. (5), that the United States citizens be at least twenty-one years
of age.
Subsec. (e). Pub. L. 94-571, Sec. 4(4), substituted provision
requiring Secretary of State to terminate the registration of an alien
who fails to apply for an immigrant visa within one year following
notification of the availability of such visa, including provision for
reinstatement of a registration upon establishment within two years
following the notification that the failure to apply was due to
circumstances beyond the alien's control for prior provision for
discretionary termination of the registration on a waiting list of an
alien failing to evidence continued intention to apply for a visa as
prescribed by regulation and inserted provision for automatic revocation
of approval of a petition approved under section 1154(b) of this title
upon such termination.
1965--Subsec. (a). Pub. L. 89-236 substituted provisions setting up
preference priorities and percentage allocations of the total numerical
limitation for the admission of qualified immigrants, consisting of
unmarried sons or daughters of U.S. citizens (20 percent), husbands,
wives, and unmarried sons or daughters of alien residents (20 percent
plus any unused portion of class 1), members of professions, scientists,
and artists (10 percent), married sons or daughters of U.S. citizens (10
percent plus any unused portions of classes 1-3), brothers or sisters of
U.S. citizens (24 percent plus any unused portions of classes 1 through
4), skilled or unskilled persons capable of filling labor shortages in
the United States (10 percent), refugees (6 percent), otherwise
qualified immigrants (portion not used by classes 1 through 7), and
allowing a spouse or child to be given the same status and order of
consideration as the spouse or parent, for provisions spelling out the
preferences under the quotas based on the previous national origins
quota systems.
Subsec. (b). Pub. L. 89-236 substituted provisions requiring that
consideration be given applications for immigrant visas in the order in
which the classes of which they are members are listed in subsec. (a),
for provisions allowing issuance of quota immigrant visas under the
previous national origins quota system in the order of filing in the
first calendar month after receipt of notice of approval for which a
quota number was available.
Subsec. (c). Pub. L. 89-236 substituted provisions requiring
issuance of immigrant visas pursuant to paragraphs (1) through (6) of
subsection (a) of this section in the order of filing of the petitions
therefor with the Attorney General, for provisions which related to
issuance of quota immigrant visas in designated classes in the order of
registration in each class on quota waiting lists.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring each
immigrant to establish his preference as claimed and prohibiting
consular officers from granting status of immediate relative of a United
States citizen or preference until authorized to do so, for provisions
spelling out the order for consideration of applications for quota
immigrant visas under the various prior classes.
Subsec. (e). Pub. L. 89-236 substituted provisions authorizing
Secretary of State to make estimates of anticipated members of visas
issued and to terminate the waiting-list registration of any registrant
failing to evidence a continued intention to apply for a visa, for
provisions establishing a presumption of quota status for immigrants and
requiring the immigrant to establish any claim to a preference.
Subsecs. (f) to (h). Pub. L. 89-236 added subsecs. (f) to (h).
1959--Subsec. (a)(2). Pub. L. 86-363, Sec. 1, accorded adult
unmarried sons or daughters of United States citizens second preference
in the allocation of immigrant visas within quotas.
Subsec. (a)(3). Pub. L. 86-363, Sec. 2, substituted ``unmarried sons
or daughters'' for ``children''.
Subsec. (a)(4). Pub. L. 86-363, Sec. 3, substituted ``married sons
or married daughters'' for ``sons, or daughters'', increased percentage
limitation from 25 to 50 per centum, and made preference available to
spouses and children of qualified quota immigrants if accompanying them.
1957--Subsec. (a)(1). Pub. L. 85-316 substituted ``or following to
join him'' for ``him''.
Effective Date of 2002 Amendments
Pub. L. 107-273, div. C, title I, Sec. 11036(c), Nov. 2, 2002, 116
Stat. 1847, provided that: ``The amendments made by this section
[amending this section and section 1186b of this title] shall take
effect on the date of the enactment of this Act [Nov. 2, 2002] and shall
apply to aliens having any of the following petitions pending on or
after the date of the enactment of this Act:
``(1) A petition under section 204(a)(1)(H) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
provision), with respect to status under section 203(b)(5) of such
Act (8 U.S.C. 1153(b)(5)).
``(2) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an alien's
permanent resident status.''
Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and applicable
to certain beneficiary aliens, see section 8 of Pub. L. 107-208, set out
as a note under section 1151 of this title.
Effective Date of 2000 Amendment
Pub. L. 106-536, Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2561,
provided that: ``The amendment made by paragraph (1) [amending this
section] shall apply to visas made available in any fiscal year
beginning on or after October 1, 2000.''
Effective Date of 1994 Amendment
Amendment by section 219(c) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L. 101-
649, see section 219(dd) of Pub. L. 103-416, set out as a note under
section 1101 of this title.
Effective Date of 1991 Amendments
Amendment by Pub. L. 102-232 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 102-110 effective 60 days after Oct. 1, 1991,
see section 2(d) of Pub. L. 102-110, set out as a note under section
1101 of this title.
Effective Date of 1990 Amendment
Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101-649
effective Oct. 1, 1991, and applicable beginning with fiscal year 1992,
with general transition provisions, see section 161(a), (c) of Pub. L.
101-649, set out as a note under section 1101 of this title.
Amendment by section 603(a)(3) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see section
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of
this title.
Effective Date of 1980 Amendment
Amendment by section 203(c) of Pub. L. 96-212 effective, except as
otherwise provided, Apr. 1, 1980, and amendment by section 203(i) of
Pub. L. 96-212 effective immediately before Apr. 1, 1980, see section
204 of Pub. L. 96-212, set out as a note under section 1101 of this
title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section 10 of
Pub. L. 94-571, set out as a note under section 1101 of this title.
Effective Date of 1965 Amendment
For effective date of amendment by Pub. L. 89-236, see section 20 of
Pub. L. 89-236, set out as a note under section 1151 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 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. 107-228, div. B, title XIII, Sec. 1304(d), Sept. 30, 2002,
116 Stat. 1437, provided that: ``The Attorney General shall consult with
the Secretary, the Secretary of Defense, the Secretary of Energy, and
the heads of other appropriate agencies of the United States regarding--
``(1) previous experience in implementing the Soviet Scientists
Immigration Act of 1992 [Pub. L. 102-509 set out below]; and
``(2) any changes that those officials would recommend in the
regulations prescribed under that Act.''
[For definition of ``Secretary'' as used in section 1304(d) of Pub.
L. 107-228, set out above, see section 3 of Pub. L. 107-228, set out as
a note under section 2651 of Title 22, Foreign Relations and
Intercourse.]
Pub. L. 102-509, Oct. 24, 1992, 106 Stat. 3316, as amended by Pub.
L. 107-228, div. B, title XIII, Sec. 1304(a)-(c), Sept. 30, 2002, 116
Stat. 1436, 1437, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Soviet Scientists Immigration Act of
1992'.
``SEC. 2. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Baltic states' means the sovereign nations of
Latvia, Lithuania, and Estonia;
``(2) the term `independent states of the former Soviet Union'
means the sovereign nations of Armenia, Azerbaijan, Belarus,
Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan; and
``(3) the term `eligible independent states and Baltic
scientists' means aliens--
``(A) who are nationals of any of the independent states of
the former Soviet Union or the Baltic states; and
``(B) who are scientists or engineers who have expertise in
nuclear, chemical, biological or other high technology fields or
who are working on nuclear, chemical, biological or other high-
technology defense projects, as defined by the Attorney General.
``SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
``The requirement in section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien's services in the
sciences, arts, or business be sought by an employer in the United
States shall not apply to any eligible independent states or Baltic
scientist who is applying for admission to the United States for
permanent residence in accordance with that section.
``SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING
EXCEPTIONAL ABILITY.
``(a) In General.--The Attorney General shall designate a class of
eligible independent states and Baltic scientists, based on their level
of expertise, as aliens who possess `exceptional ability in the
sciences', for purposes of section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)), whether or not such scientists
possess advanced degrees. A scientist is not eligible for designation
under this subsection if the scientist has previously been granted the
status of an alien lawfully admitted for permanent residence (as defined
in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).
``(b) Regulations.--The Attorney General shall prescribe regulations
to carry out subsection (a).
``(c) Limitation.--Not more than 950 eligible independent states and
Baltic scientists (excluding spouses and children if accompanying or
following to join) within the class designated under subsection (a) may
be allotted visas under section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)).
``(d) Duration of Authority.--The authority under subsection (a)
shall be in effect during the following periods:
``(1) The period beginning on the date of the enactment of this
Act [Oct. 24, 1992] and ending 4 years after such date.
``(2) The period beginning on the date of the enactment of the
Security Assistance Act of 2002 [Sept. 30, 2002] and ending 4 years
after such date.''
Pilot Immigration Program
Pub. L. 102-395, title VI, Sec. 610, Oct. 6, 1992, 106 Stat. 1874,
as amended by Pub. L. 105-119, title I, Sec. 116(a), Nov. 26, 1997, 111
Stat. 2467; Pub. L. 106-396, Sec. 402, Oct. 30, 2000, 114 Stat. 1647;
Pub. L. 107-273, div. C, title I, Sec. 11037(a), Nov. 2, 2002, 116 Stat.
1847, 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, designated
by the Attorney General on the basis of a general proposal, for the
promotion of economic growth, including increased export sales, improved
regional productivity, job creation, or increased domestic capital
investment. A regional center shall have jurisdiction over a limited
geographic area, which shall be described in the proposal and consistent
with the purpose of concentrating pooled investment in defined economic
zones. The establishment of a regional center may be based on general
predictions, contained in the proposal, concerning the kinds of
commercial enterprises that will receive capital from aliens, the jobs
that will be created directly or indirectly as a result of such capital
investments, and the other positive economic effects such capital
investments will have.
``(b) For purposes of the pilot program established in subsection
(a), beginning on October 1, 1992, but no later than October 1, 1993,
the Secretary of State, together with the 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)[(ii)]
of the Immigration and Nationality Act [8 U.S.C.
1153(b)(5)(A)(iii)[(ii)]], and notwithstanding the requirements of 8 CFR
204.6, the 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.''
[Pub. L. 107-273, div. C, title I, Sec. 11037(b), Nov. 2, 2002, 116
Stat. 1848, provided that: ``The amendments made by this section
[amending section 610 of Pub. L. 102-395, set out above] shall take
effect on the date of the enactment of this Act [Nov. 2, 2002] and shall
apply to--
``(1) any proposal for a regional center pending before the
Attorney General (whether for an initial decision or on appeal) on
or after the date of the enactment of this Act; and
``(2) any of the following petitions, if filed on or after the
date of the enactment of this Act:
``(A) A petition under section 204(a)(1)(H) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any
predecessor provision) (or any predecessor provision), with
respect to status under section 203(b)(5) of such Act (8 U.S.C.
1153(b)(5)).
``(B) A petition under section 216A(c)(1)(A) of such Act (8
U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
alien's permanent resident status.'']
[Section 116(b) of Pub. L. 105-119 provided that: ``The amendment
made by subsection (a)(2) [amending section 610 of Pub. L. 102-395, set
out above] shall be deemed to have become effective on October 6,
1992.'']
Transition for Spouses and Minor Children of Legalized Aliens
Section 112 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 302(b)(1), Dec. 12, 1991, 105 Stat. 1743, provided that:
``(a) Additional Visa Numbers.--
``(1) In general.--In addition to any immigrant visas otherwise
available, immigrant visa numbers shall be available in each of
fiscal years 1992, 1993, and 1994 for spouses and children of
eligible, legalized aliens (as defined in subsection (c)) in a
number equal to 55,000 minus the number (if any) computed under
paragraph (2) for the fiscal year.
``(2) Offset.--The number computed under this paragraph for a
fiscal year is the number (if any) by which--
``(A) the sum of the number of aliens described in
subparagraphs (A) and (B) of section 201(b)(2) of the
Immigration and Nationality Act [8 U.S.C. 1151(b)(2)] (or, for
fiscal year 1992, section 201(b) of such Act) who were issued
immigrant visas or otherwise acquired the status of aliens
lawfully admitted to the United States for permanent residence
in the previous fiscal year, exceeds
``(B) 239,000.
``(b) Order.--Visa numbers under this section shall be made
available in the order in which a petition, in behalf of each such
immigrant for classification under section 203(a)(2) of the Immigration
and Nationality Act [8 U.S.C. 1153(a)(2)], is filed with the Attorney
General under section 204 of such Act [8 U.S.C. 1154].
``(c) Legalized Alien Defined.--In this section, the term `legalized
alien' means an alien lawfully admitted for permanent residence who was
provided--
``(1) temporary or permanent residence status under section 210
of the Immigration and Nationality Act [8 U.S.C. 1160],
``(2) temporary or permanent residence status under section 245A
of the Immigration and Nationality Act [8 U.S.C. 1255a], or
``(3) permanent residence status under section 202 of the
Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set out
as a note under section 1255a of this title].
``(d) Definitions.--The definitions in the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
administration of this section.''
Transition for Employees of Certain United States Businesses Operating
in Hong Kong
Section 124 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 302(b)(5), Dec. 12, 1991, 105 Stat. 1743, provided that:
``(a) Additional Visa Numbers.--
``(1) Treatment of principals.--In the case of any alien
described in paragraph (3) (or paragraph (2) as the spouse or child
of such an alien) with respect to whom a classification petition has
been filed and approved under subsection (b), there shall be made
available, in addition to the immigrant visas otherwise available in
each of fiscal years 1991 through 1993 and without regard to section
202(a) of the Immigration and Nationality Act [8 U.S.C. 1152(a)], up
to 12,000 additional immigrant visas. If the full number of such
visas are not made available in fiscal year 1991 or 1992, the
shortfall shall be added to the number of such visas to be made
available under this section in the succeeding fiscal year.
``(2) Derivative relatives.--A spouse or child (as defined in
section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and
Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)]) shall,
if not otherwise entitled to an immigrant status and the immediate
issuance of a visa under this section, be entitled to the same
status, and the same order of consideration, provided under this
section, if accompanying, or following to join, the alien's spouse
or parent.
``(3) Employees of certain united states businesses operating in
hong kong.--An alien is described in this paragraph if the alien--
``(A) is a resident of Hong Kong and is employed in Hong
Kong except for temporary absences at the request of the
employer and has been employed in Hong Kong for at least 12
consecutive months as an officer or supervisor or in a capacity
that is managerial, executive, or involves specialized
knowledge, by a business entity which (i) is owned and organized
in the United States (or is the subsidiary or affiliate of a
business owned and organized in the United States), (ii) employs
at least 100 employees in the United States and at least 50
employees outside the United States, and (iii) has a gross
annual income of at least $50,000,000, and
``(B) has an offer of employment from such business entity
in the United States as an officer or supervisor or in a
capacity that is managerial, executive, or involves specialized
knowledge, which offer (i) is effective from the time of filing
the petition for classification under this section through and
including the time of entry into the United States and (ii)
provides for salary and benefits comparable to the salary and
benefits provided to others with similar responsibilities and
experience within the same company.
``(b) Petitions.--Any employer desiring and intending to employ
within the United States an alien described in subsection (a)(3) may
file a petition with the Attorney General for such classification. No
visa may be issued under subsection (a)(1) until such a petition has
been approved.
``(c) Allocation.--Visa numbers made available under subsection (a)
shall be made available in the order which petitions under subsection
(b) are filed with the Attorney General.
``(d) Definitions.--In this section:
``(1) Executive capacity.--The term `executive capacity' has the
meaning given such term in section 101(a)(44)(B) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(44)(B)], as added by section
123 of this Act.
``(2) Managerial capacity.--The term `managerial capacity' has
the meaning given such term in section 101(a)(44)(A) of the
Immigration and Nationality Act, as added by section 123 of this
Act.
``(3) Officer.--The term `officer' means, with respect to a
business entity, the chairman or vice-chairman of the board of
directors of the entity, the chairman or vice-chairman of the
executive committee of the board of directors, the president, any
vice-president, any assistant vice-president, any senior trust
officer, the secretary, any assistant secretary, the treasurer, any
assistant treasurer, any trust officer or associate trust officer,
the controller, any assistant controller, or any other officer of
the entity customarily performing functions similar to those
performed by any of the above officers.
``(4) Specialized knowledge.--The term `specialized knowledge'
has the meaning given such term in section 214(c)(2)(B) of the
Immigration and Nationality Act [8 U.S.C. 1184(c)(2)(B)], as amended
by section 206(b)(2) of this Act.
``(5) Supervisor.--The term `supervisor' means any individual
having authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibility to direct
them, or to adjust their grievances, or effectively recommend such
action, if in connection with the foregoing the exercise of such
authority is not merely of a routine or clerical nature, but
requires the use of independent judgment.''
[Section 124 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless
otherwise provided) applicable to fiscal year 1991, see section 161(b)
of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note
under section 1101 of this title.]
Diversity Transition for Aliens Who Are Natives of Certain Adversely
Affected Foreign States
Section 217(b) of Pub. L. 103-416 provided that:
``(1) Eligibility.--For the purpose of carrying out the extension of
the diversity transition program under the amendments made by subsection
(a) [amending section 132 of Pub. L. 101-649, set out below],
applications for natives of diversity transition countries submitted for
fiscal year 1995 for diversity immigrants under section 203(c) of the
Immigration and Nationality Act [8 U.S.C. 1153(c)] shall be considered
applications for visas made available for fiscal year 1995 for the
diversity transition program under section 132 of the Immigration Act of
1990 [section 132 of Pub. L. 101-649]. No application period for the
fiscal year 1995 diversity transition program shall be established and
no new applications may be accepted for visas made available under such
program for fiscal year 1995. Applications for visas in excess of the
minimum available to natives of the country specified in section 132(c)
of the Immigration Act of 1990 shall be selected for qualified
applicants within the several regions defined in section 203(c)(1)(F) of
the Immigration and Nationality Act in proportion to the region's share
of visas issued in the diversity transition program during fiscal years
1992 and 1993.
``(2) Notification.--Not later than 180 days after the date of
enactment of this Act [Oct. 25, 1994], notification of the extension of
the diversity transition program for fiscal year 1995 and the provision
of visa numbers shall be made to each eligible applicant under paragraph
(1).
``(3) Requirements.--Notwithstanding any other provision of law, for
the purpose of carrying out the extension of the diversity transition
program under the amendments made by subsection (a), the requirement of
section 132(b)(2) of the Immigration Act of 1990 shall not apply to
applicants under such extension and the requirement of section 203(c)(2)
of the Immigration and Nationality Act shall apply to such applicants.''
Section 132 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 302(b)(6), Dec. 12, 1991, 105 Stat. 1743; Pub. L. 103-416,
title II, Sec. 217(a), Oct. 25, 1994, 108 Stat. 4315, provided that:
``(a) In General.--Notwithstanding the numerical limitations in
sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C.
1151, 1152], there shall be made available to qualified immigrants
described in subsection (b) (or in subsection (d) as the spouse or child
of such an alien) 40,000 immigrant visas in each of fiscal years 1992,
1993, and 1994 and in fiscal year 1995 a number of immigrant visas equal
to the number of such visas provided (but not made available) under this
section in previous fiscal years. If the full number of such visas are
not made available in fiscal year 1992 or 1993, the shortfall shall be
added to the number of such visas to be made available under this
section in the succeeding fiscal year.
``(b) Qualified Alien Described.--An alien described in this
subsection is an alien who--
``(1) is a native of a foreign state that was identified as an
adversely affected foreign state for purposes of section 314 of the
Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set out
below],
``(2) has a firm commitment for employment in the United States
for a period of at least 1 year (beginning on the date of admission
under this section), and
``(3) except as provided in subsection (c), is admissible as an
immigrant.
``(c) Distribution of Visa Numbers.--The Secretary of State shall
provide for making immigrant visas provided under subsection (a)
available strictly in a random order among those who qualify during the
application period for each fiscal year established by the Secretary of
State, except that at least 40 percent of the number of such visas in
each fiscal year shall be made available to natives of the foreign state
the natives of which received the greatest number of visas issued under
section 314 of the Immigration Reform and Control Act [of 1986] (or to
aliens described in subsection (d) who are the spouses or children of
such natives) and except that if more than one application is submitted
for any fiscal year (beginning with fiscal year 1993) with respect to
any alien all such applications submitted with respect to the alien and
fiscal year shall be voided. If the minimum number of such visas are not
made available in fiscal year 1992, 1993, or 1994 to such natives, the
shortfall shall be added to the number of such visas to be made
available under this section to such natives in the succeeding fiscal
year. In applying this section, natives of Northern Ireland shall be
deemed to be natives of Ireland.
``(d) Derivative Status for Spouses and Children.--A spouse or child
(as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the
Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D),
(E)]) shall, if not otherwise entitled to an immigrant status and the
immediate issuance of a visa under this section, be entitled to the same
status, and the same order of consideration, provided under this
section, if accompanying, or following to join, his spouse or parent.
``(e) Waivers of Grounds of Exclusion.--In determining the
admissibility of an alien provided a visa number under this section, the
Attorney General shall waive the ground of exclusion specified in
paragraph (6)(C) of section 212(a) of the Immigration and Nationality
Act [8 U.S.C. 1182(a)], unless the Attorney General finds that such a
waiver is not in the national interest. In addition, the provisions of
section 212(e) of such Act shall not apply so as to prevent an
individual's application for a visa or admission under this section.
``(f) Application Fee.--The Secretary of State shall require payment
of a reasonable fee for the filing of an application under this section
in order to cover the costs of processing applications under this
section.''
[Section 302(b)(6)(C) of Pub. L. 102-232 provided that the amendment
made by that section to section 132(b)(1) of Pub. L. 101-649, set out
above, is effective after fiscal year 1992.]
[Section 302(b)(6)(D)(i) of Pub. L. 102-232 provided that the
amendment made by that section to section 132(c) of Pub. L. 101-649, set
out above, is effective beginning with fiscal year 1993.]
One-Year Diversity Transition for Aliens Who Have Been Notified of
Availability of NP-5 Visas
Section 133 of Pub. L. 101-649 provided that, notwithstanding
numerical limitations in sections 1151 and 1152 of this title, there
were to be made available in fiscal year 1991, immigrant visa numbers
for qualified immigrants who were notified by Secretary of State before
May 1, 1990, of their selection for issuance of visa under section 314
of Pub. L. 99-603, formerly set out as a note below, and were qualified
for issuance of such visa but for numerical and fiscal year limitations
on issuance of such visas, former section 1182(a)(19) of this title or
section 1182(e) of this title, or fact that immigrant was a national,
but not a native, of foreign state described in section 314 of Pub. L.
99-603.
Transition for Displaced Tibetans
Section 134 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 302(b)(7), Dec. 12, 1991, 105 Stat. 1744, provided that,
notwithstanding numerical limitations in sections 1151 and 1152 of this
title, there were to be made available to qualified displaced Tibetans
who were natives of Tibet and had been continuously residing in India or
Nepal since Nov. 29, 1990, 1,000 immigrant visas in the 3-fiscal-year
period beginning with fiscal year 1991.
Expedited Issuance of Lebanese Second and Fifth Preference Visas
Section 155 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 302(d)(5), Dec. 12, 1991, 105 Stat. 1745, provided that:
``(a) In General.--In the issuance of immigrant visas to certain
Lebanese immigrants described in subsection (b) in fiscal years 1991 and
1992 and notwithstanding section 203(c) (or section 203(e), in the case
of fiscal year 1992) of the Immigration and Nationality Act [8 U.S.C.
1153(c), (e)] (to the extent inconsistent with this section), the
Secretary of State shall provide that immigrant visas which would
otherwise be made available in the fiscal year shall be made available
as early as possible in the fiscal year.
``(b) Lebanese Immigrants Covered.--Lebanese immigrants described in
this subsection are aliens who--
``(1) are natives of Lebanon,
``(2) are not firmly resettled in any foreign country outside
Lebanon, and
``(3) as of the date of the enactment of this Act [Nov. 29,
1990], are the beneficiaries of a petition approved to accord status
under section 203(a)(2) or 203(a)(5) of the Immigration and
Nationality Act [8 U.S.C. 1153(a)(2), (5)] (as in effect as of the
date of the enactment of this Act),
or who are the spouse or child of such an alien if accompanying or
following to join the alien.''
[Section 155 of Pub. L. 101-649 effective Nov. 29, 1990, and (unless
otherwise provided) applicable to fiscal year 1991, see section 161(b)
of Pub. L. 101-649, set out as an Effective Date of 1990 Amendment note
under section 1101 of this title.]
Order of Consideration
Section 162(a)(2) of Pub. L. 101-649 provided that: ``Nothing in
this Act [see Tables for classification] may be construed as continuing
the availability of visas under section 203(a)(7) of the Immigration and
Nationality Act [8 U.S.C. 1153(a)(7)], as in effect before the date of
enactment of this Act [Nov. 29, 1990].''
Making Visas Available to Immigrants From Underrepresented Countries To
Enhance Diversity in Immigration
Pub. L. 100-658, Sec. 3, Nov. 15, 1988, 102 Stat. 3908, provided
that, notwithstanding numerical limitations in section 1151(a) of this
title, but subject to numerical limitations in section 1152 of this
title, there were to be made available to qualified immigrants who were
natives of underrepresented countries, 10,000 visa numbers in each of
fiscal years 1990 and 1991.
Making Visas Available to Nonpreference Immigrants
Pub. L. 99-603, title III, Sec. 314, Nov. 6, 1986, 100 Stat. 3439,
as amended by Pub. L. 100-658, Sec. 2(a), Nov. 15, 1988, 102 Stat. 3908,
provided that, notwithstanding numerical limitations in section 1151(a)
of this title, but subject to numerical limitations in section 1152 of
this title, there were to be made available to qualified immigrants
described in section 1153(a)(7) of this title, 5,000 visa numbers in
each of fiscal years 1987 and 1988 and 15,000 visa numbers in each of
fiscal years 1989 and 1990.
References to Conditional Entry Requirements of Subsection (a)(7) of
This Section in Other Federal Laws
Section 203(h) of Pub. L. 96-212 provided that: ``Any reference in
any law (other than the Immigration and Nationality Act [this chapter]
or this Act [see Short Title of 1980 Amendment note set out under
section 1101 of this title]) in effect on April 1, 1980, to section
203(a)(7) of the Immigration and Nationality Act [subsec. (a)(7) of this
section] shall be deemed to be a reference to such section as in effect
before such date and to sections 207 and 208 of the Immigration and
Nationality Act [sections 1157 and 1158 of this title].''
Retroactive Adjustment of Refugee Status
For adjustment of the status of refugees paroled into the United
States pursuant to section 1182(d)(5) of this title, see section 5 of
Pub. L. 95-412, set out as a note under section 1182 of this title.
Entitlement to Preferential Status
Section 9 of Pub. L. 94-571 provided that:
``(a) The amendments made by this Act [see Short Title of 1976
Amendment note set out under section 1101 of this title] shall not
operate to effect the entitlement to immigrant status or the order of
consideration for issuance of an immigrant visa of an alien entitled to
a preference status, under section 203(a) of the Immigration and
Nationality Act [subsec. (a) of this section] as in effect on the day
before the effective date of this Act [see Effective Date of 1976
Amendment note set out under section 1101 of this title], on the basis
of a petition filed with the Attorney General prior to such effective
date.
``(b) An alien chargeable to the numerical limitation contained in
section 21(e) of the Act of October 3, 1965 (79 Stat. 921) [which
provided that unless legislation inconsistent therewith was enacted on
or before June 30, 1968, the number of special immigrants within the
meaning of section 1101(a)(27)(A) of this title, exclusive of special
immigrants who were immediate relatives of United States citizens as
described in section 1151(b) of this title, should not, in the fiscal
year beginning July 1, 1968, or in any fiscal year thereafter, exceed a
total of 120,000] who established a priority date at a consular office
on the basis of entitlement to immigrant status under statutory or
regulatory provisions in existence on the day before the effective date
of this Act [see Effective Date of 1976 Amendment note under section
1101 of this title] shall be deemed to be entitled to immigrant status
under section 203(a)(8) of the Immigration and Nationality Act [subsec.
(a)(8) of this section] and shall be accorded the priority date
previously established by him. Nothing in this section shall be
construed to preclude the acquisition by such an alien of a preference
status under section 203(a) of the Immigration and Nationality Act
[subsec. (a) of this section], as amended by section 4 of this Act. Any
petition filed by, or in behalf of, such an alien to accord him a
preference status under section 203(a) [subsec. (a) of this section]
shall, upon approval, be deemed to have been filed as of the priority
date previously established by such alien. The numerical limitation to
which such an alien shall be chargeable shall be determined as provided
in sections 201 and 202 of the Immigration and Nationality Act [sections
1151 and 1152 of this title], as amended by this Act [see Short Title of
1976 Amendment note set out under section 1101 of this title].''
Nonquota Immigrant Status of Certain Relatives of United States
Citizens; Issuance of Nonquota Immigrant Visas on Basis of Petitions
Filed Prior to January 1, 1962
Pub. L. 87-885, Sec. 1, Oct. 24, 1962, 76 Stat. 1247, which provided
that certain alien relatives of United States citizens registered on a
consular waiting list under priority date earlier than March 31, 1954,
and eligible for a quota immigrant status on a basis of a petition filed
with the Attorney General prior to January 1, 1962, and the spouse and
children of such alien, be held to be nonquota immigrants and be issued
nonquota immigrant visas, was repealed by Pub. L. 99-653, Sec. 11, Nov.
14, 1986, 100 Stat. 3657, as amended by Pub. L. 100-525, Sec. 8(j)(1),
Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986.
Nonquota Immigrant Status of Skilled Specialists; Issuance of Nonquota
Immigrant Visas on Basis of Petitions Filed Prior to April 1, 1962
Pub. L. 87-885, Sec. 2, Oct. 24, 1962, 76 Stat. 1247, which provided
that certain alien skilled specialists eligible for a quota immigrant
status on the basis of a petition filed with the Attorney General prior
to April 1, 1962, be held to be nonquota immigrants and be issued
nonquota immigrant visas, was repealed by Pub. L. 99-653, Sec. 11, Nov.
14, 1986, 100 Stat. 3657, as amended by Pub. L. 100-525, Sec. 8(j)(1),
Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986.
Issuance of Nonquota Immigrant Visas to Certain Eligible Orphans
Pub. L. 87-301, Sec. 25, Sept. 26, 1961, 75 Stat. 657, as amended by
Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525,
Sec. 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided that: ``At any
time prior to the expiration of the one hundred and eightieth day
immediately following the enactment of this Act [Sept. 26, 1961] a
special nonquota immigrant visa may be issued to an eligible orphan as
defined in section 4 of the Act of September 11, 1957, as amended (8
U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74 Stat. 505), if a visa
petition filed in behalf of such eligible orphan was (A) approved by the
Attorney General prior to September 30, 1961, or (B) pending before the
Attorney General prior to September 30, 1961, and the Attorney General
approves such petition.''
[Section 23(c) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ``The
amendments made by section 11 [amending section 25 of Pub. L. 87-301 set
out above and repealing sections 1 and 2 of Pub. L. 87-885] take effect
on November 14, 1986.'']
Adopted Sons or Adopted Daughters, Preference Status
Section 5(c) of Pub. L. 86-363 provided that aliens granted a
preference pursuant to petitions approved by the Attorney General on the
ground that they were the adopted sons or adopted daughters of United
States citizens were to remain in that status notwithstanding the
provisions of section 1 of Pub. L. 86-363, unless they acquired a
different immigrant status pursuant to a petition approved by the
Attorney General.
Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved
Prior to July 1, 1958
Section 12A of Pub. L. 85-316, as added by section 2 of Pub. L. 85-
700, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible for
quota immigrant status on basis of a petition approved prior to July 1,
1958, shall be held to be nonquota immigrants and issued visas, was
repealed by Pub. L. 87-301, Sec. 24(a)(6), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12A of Pub. L. 85-316 effective upon expiration of
the one hundred and eightieth day immediately following Sept. 26, 1961,
see section 24(b) of Pub. L. 87-301, set out as a note under former
section 1255a of this title.
Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved
Prior to July 1, 1957
Section 12 of Pub. L. 85-316 providing that aliens eligible for
quota immigrant status on basis of a petition approved prior to July 1,
1957, shall be held to be nonquota immigrants, and if otherwise
admissible, be issued visas, was repealed by Pub. L. 87-301,
Sec. 24(a)(5), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 12 of Pub. L. 85-316 effective upon expiration of
the one hundred and eightieth day immediately following Sept. 26, 1961,
see section 24(b) of Pub. L. 87-301, set out as a note under former
section 1255a of this title.
Special Nonquota Immigrant Visas for Refugees
Section 6 of Pub. L. 86-363 authorizing issuance of nonquota
immigrant visas to aliens eligible to enter for permanent residence if
the alien was the beneficiary of a visa petition approved by the
Attorney General, and such petition was filed by a person admitted under
former section 1971 et seq., of Title 50, Appendix, was repealed by Pub.
L. 87-301, Sec. 24(a)(7), Sept. 26, 1961, 75 Stat. 657.
Repeal of section 6 of Pub. L. 86-363 effective upon expiration of
the one hundred and eightieth day immediately following Sept. 26, 1961,
see section 24(b) of Pub. L. 87-301, set out as a note under former
section 1255a of this title.
Nonquota Immigrant Status of Spouses and Children of Certain Aliens
Section 4 of Pub. L. 86-363 providing that an alien registered on a
consular waiting list was eligible for quota immigrant status on basis
of a petition approved prior to Jan. 1, 1959, along with the spouse and
children of such alien, was repealed by Pub. L. 87-301, Sec. 24(a)(7),
Sept. 26, 1961.
Repeal of section 4 of Pub. L. 86-363 effective upon expiration of
the one hundred and eightieth day immediately following Sept. 26, 1961,
see section 24(b) of Pub. L. 87-301, set out as a note under former
section 1255a of this title.
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.