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
The Securities Act of 1933, referred to in subsec. (b)(5)(F)(i)(III), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.
This chapter, referred to in subsec. (b)(5)(F)(v)(I)(bb), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
2022—Subsec. (b)(5)(A)(i). Pub. L. 117–103, § 102(a)(1)(A), substituted “(C) and which is expected to remain invested for not less than 2 years; and” for “(C), and”.
Subsec. (b)(5)(A)(ii). Pub. L. 117–103, § 102(a)(1)(B), substituted “by creating” for “and create” and inserted “, United States nationals,” after “citizens”.
Subsec. (b)(5)(B). Pub. L. 117–103, § 102(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to set-aside for targeted employment areas.
Subsec. (b)(5)(C)(i). Pub. L. 117–103, § 102(a)(3)(A), substituted “$1,050,000” for “$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”.
Subsec. (b)(5)(C)(ii). Pub. L. 117–103, § 102(a)(3)(B), amended cl. (ii) generally. Prior to amendment, text read as follows: “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 ½ of) the amount specified in clause (i).”
Subsec. (b)(5)(C)(iii). Pub. L. 117–103, § 102(a)(3)(D), added cl. (iii). Former cl. (iii) redesignated (iv).
Subsec. (b)(5)(C)(iv). Pub. L. 117–103, § 102(a)(3)(C), (E), redesignated cl. (iii) as (iv) and, in concluding provisions, substituted “Secretary of Homeland Security” for “Attorney General” and inserted “, as adjusted under clause (iii)” before period at end.
Subsec. (b)(5)(D). Pub. L. 117–103, § 102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) defined “full-time employment”.
Subsec. (b)(5)(E) to (Q). Pub. L. 117–103, § 103(b)(1), added subpars. (E) to (Q).
Subsec. (b)(5)(R). Pub. L. 117–103, § 103(c)(1), added subpar. (R).
Subsec. (b)(5)(S). Pub. L. 117–103, § 108, added subpar. (S).
Subsec. (h)(5). Pub. L. 117–103, § 102(b), added par. (5).
2006—Subsec. (h)(4). Pub. L. 109–162 added par. (4).
2002—Subsec. (b)(5)(A). Pub. L. 107–273, § 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, § 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, § 11036(a)(2), substituted “invest in” for “establish”.
Subsec. (b)(5)(D). Pub. L. 107–273, § 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, § 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, § 212(b), struck out subpar. (C) which related to application of separate numerical limitations.
1991—Subsec. (b)(1). Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(1)(C). Pub. L. 102–232, § 302(b)(2)(B), substituted “the alien seeks” for “who seeks”.
Subsec. (b)(2)(A). Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(2)(B). Pub. L. 102–232, § 302(b)(2)(D), inserted “professions,” after “arts,”.
Subsec. (b)(3)(A). Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(4), (5)(A). Pub. L. 102–232, § 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, § 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, § 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, § 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, §§ 111(1), 121(a), added subsec. (b) and redesignated former subsec. (b) as (d).
Subsec. (c). Pub. L. 101–649, §§ 111(1), 131, added subsec. (c) and redesignated former subsec. (c) as (e).
Subsec. (d). Pub. L. 101–649, § 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, § 111(1), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 101–649, § 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, § 111(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).
Subsec. (f). Pub. L. 101–649, § 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, § 111(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 101–649, § 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, § 111(1), redesignated subsec. (e) as (g).
1980—Subsec. (a). Pub. L. 96–212, § 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, § 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, § 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, § 203(c)(8), struck out subsec. (g) which set forth provisions respecting inspection and examination of refugees after one year.
Pub. L. 96–212, § 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, § 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, § 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, § 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, § 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, § 2, substituted “unmarried sons or daughters” for “children”.
Subsec. (a)(4). Pub. L. 86–363, § 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”.
Pub. L. 117–103, div. BB, § 102(e),
Pub. L. 117–103, div. BB, § 103(b)(2),
Pub. L. 117–103, div. BB, § 103(c)(2),
Pub. L. 107–273, div. C, title I, § 11036(c), “(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
Pub. L. 106–536, § 1(b)(2),
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.
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
Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101–649 effective
Amendment by section 603(a)(3) of Pub. L. 101–649 applicable to individuals entering United States on or after
Amendment by section 203(c) of Pub. L. 96–212 effective, except as otherwise provided,
Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after
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.
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.
Pub. L. 118–31, div. E, title LI, § 5104(a), (b), (d), “(a) Beginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)).“(b) “(1) For fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a).“(2) For fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a).“(d) Nothing in this section [enacting this note and amending provisions set out as a note under section 1151 of this title] or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)).”
Pub. L. 117–103, div. BB, § 102(c),
Pub. L. 117–103, div. BB, § 105(c),
Pub. L. 117–103, div. BB, § 106, “(a) Not later than 1 year after the date of the enactment of this Act [“(b) Notwithstanding section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), and except as provided under subsection (c), the Director, not later than 60 days after the completion of the study under subsection (a), shall set fees for services provided under sections 203(b)(5) and 216A of such Act (8 U.S.C. 1153(b)(5) and 1186b) at a level sufficient to ensure the full recovery only of the costs of providing such services, including the cost of attaining the goal of completing adjudications, on average, not later than—“(1) 180 days after receiving a proposal for the establishment of a regional center described in section 203(b)(5)(E) of such Act;“(2) 180 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act;“(3) 90 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act that is located in a targeted employment area (as defined in section 203(b)(5)(D) of such Act);“(4) 240 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act;“(5) 120 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act with respect to an investment in a targeted employment area (as defined in section 203(b)(5)(D) of such Act); and“(6) 240 days after receiving a petition from an alien for removal of conditions described in section 216A(c) of such Act.“(c) Fees in excess of the fee levels described in subsection (b) may be charged only—“(1) in an amount that is equal to the amount paid by all other classes of fee-paying applicants for immigration-related benefits, to contribute to the coverage or reduction of the costs of processing or adjudicating classes of immigration benefit applications that Congress, or the Secretary of Homeland Security in the case of asylum applications, has authorized to be processed or adjudicated at no cost or at a reduced cost to the applicant; and“(2) in an amount that is not greater than 1 percent of the fee for filing a petition under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), to make improvements to the information technology systems used by the Secretary of Homeland Security to process, adjudicate, and archive applications and petitions under such section, including the conversion to electronic format of documents filed by petitioners and applicants for benefits under such section.“(d) During the 1-year period beginning on the date of the enactment of this Act [“(e) Nothing in this division may be construed to limit the authority of the Secretary of Homeland Security to suspend the adjudication of any application or petition under section 203(b)(5) or 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) pending the completion of a national security or law enforcement investigation relating to such application or petition.“(f) Nothing in this section may be construed to require any modification of fees before the completion of—“(1) the fee study described in subsection (a); or“(2) regulations promulgated by the Secretary of Homeland Security, in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’), to carry out subsections (b) and (c).”
Pub. L. 108–156, § 5, “(a) Not later than 1 year after the date of enactment of this Act [“(b) The report described in subsection (a) shall include information regarding—“(1) the number of immigrant investors that have received visas under the immigrant investor program in each year since the inception of the program;“(2) the country of origin of the immigrant investors;“(3) the localities where the immigrant investors are settling and whether those investors generally remain in the localities where they initially settle;“(4) the number of immigrant investors that have sought to become citizens of the United States;“(5) the types of commercial enterprises that the immigrant investors have established; and“(6) the types and number of jobs created by the immigrant investors.”
Pub. L. 106–313, title I, § 106(d), “(1) 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)] and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.“(2) “(A) 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 through 2004 and the number of such visas that were actually used in such fiscal years.“(B)(i) 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.“(ii) The total number of visas made available under paragraph (1) from unused visas from the fiscal years 2001 through 2004 may not exceed 50,000.“(C) 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) 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)).”
Pub. L. 105–100, title II, § 203(e), “(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 [“(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.”
Pub. L. 104–208, div. C, title VI, § 636,
Pub. L. 104–208, div. C, title VI, § 637, “(a) 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 “(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) 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) 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.”
Pub. L. 107–228, div. B, title XIII, § 1304(d), “(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, “This Act may be cited as the ‘Soviet Scientists Immigration Act of 1992’. “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.“SECTION 1. SHORT TITLE.“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.“SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING EXCEPTIONAL ABILITY.“(a) 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) The Attorney General shall prescribe regulations to carry out subsection (a).“(c) 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) 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 [“(2) The period beginning on the date of the enactment of the Security Assistance Act of 2002 [
Pub. L. 102–395, title VI, § 610,
Pub. L. 101–649, title I, § 112, “(a) “(1) 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) 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) 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) 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) The definitions in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the administration of this section.”
Pub. L. 101–649, title I, § 124, “(a) “(1) 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) 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) 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) 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) 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) In this section:“(1) 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) 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) 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) 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) 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
Pub. L. 103–416, title II, § 217(b), “(1) 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) Not later than 180 days after the date of enactment of this Act [“(3) 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.”
Pub. L. 101–649, title I, § 132, “(a) 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) 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) 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) 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) 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) 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.”
[Pub. L. 102–232, title III, § 302(b)(6)(C),
[Pub. L. 102–232, title III, § 302(b)(6)(D)(i),
Pub. L. 101–649, title I, § 133,
Pub. L. 101–649, title I, § 134,
Pub. L. 101–649, title I, § 155, “(a) 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 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 [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
Pub. L. 101–649, title I, § 162(a)(2),
Pub. L. 100–658, § 3,
Pub. L. 99–603, title III, § 314,
Pub. L. 96–212, title II, § 203(h),
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.
Pub. L. 94–571, § 9, “(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
Pub. L. 87–885, § 1,
Pub. L. 87–885, § 2,
Pub. L. 87–301, § 25,
[Pub. L. 99–653, § 23(c), as added by Pub. L. 100–525, § 8(r),
Pub. L. 86–363, § 4,
[Repeal of section 4 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately following
Pub. L. 86–363, § 5(c),
Pub. L. 86–363, § 6,
[Repeal of section 6 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately following
Pub. L. 85–316, § 12,
[Repeal of section 12 of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day immediately following
Pub. L. 85–316, § 12A, as added by Pub. L. 85–700, § 2,
[Repeal of section 12A of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day immediately following