§ 1152. Numerical limitations on individual foreign states

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1152

   June 27, 1952, ch. 477, title II, ch. 1, § 202, 66 Stat. 176

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 1, § 202, 66 Stat. 176

2. 1961

   Pub. L. 87–301 § 9 · 75 Stat. 650

   Changed · 8 U.S.C. § 1152(e)

   Pub. L. 87–301 provided that if an area undergoes a change of administrative arrangements, boundaries, or other political change, the annual quota of the newly established area, or the visas authorized to be issued shall not be less than the total of quotas in effect or visas authorized for the area immediately preceding the change, and deleted provisions which in the event of an increase in minimum quota areas above twenty in the Asia-Pacific triangle, would proportionately decrease each quota of the area so the sum of all area quotas did not exceed two thousand

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 87–301 provided that if an area undergoes a change of administrative arrangements, boundaries, or other political change, the annual quota of the newly established area, or the visas authorized to be issued shall not be less than the total of quotas in effect or visas authorized for the area immediately preceding the change, and deleted provisions which in the event of an increase in minimum quota areas above twenty in the Asia-Pacific triangle, would proportionately decrease each quota of the area so the sum of all area quotas did not exceed two thousand.

   Enacted provision · exact public law section
   Sec. 9. Section 202(e) of the Immigration and Nationality Act (8 U.S.C. 1152) is hereby amended to read as follows: “(e) After the determination of quotas has been made as provided in section 201, revision of the quotas shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, whenever necessary, to provide for any change of boundaries resulting in transfer of territory from one sovereignty to another, a change of administrative arrangements of a colony or other dependent area, or any other political change, requiring a change in the list of quota areas or of the territorial limits thereof. In the case of any change in the territorial limits of quota areas, not requiring a change in the quotas for such areas, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all consular offices concerning the change in the territorial limits of the quota areas involved. Whenever one or more colonies or other component or dependent areas overseas from the governing country, or one or more quota areas have been subject to a change of administrative arrangements, a change of boundaries, or any other political change, the annual quota of the newly established quota area or the number of visas authorized to be issued under section 202(c) (1), notwithstanding any other provisions of this Act, shall not be less than the sum total of quotas in effect or number of visas authorized for the area immediately preceding the change of administrative arrangements, change of boundaries, or other political change.”

3. 1965

   Pub. L. 89–236 § 2 · 79 Stat. 911

   Substituted · 8 U.S.C. § 1152(a)

   Pub. L. 89–236 substituted provisions prohibiting preferences or priorities or discrimination in the issuance of an immigrant visa because of race, sex, nationality, place of birth, or place of residence, setting a limit of 20,000 per year on the total number of entries available to natives of any single foreign state, and prohibiting the 20,000 limitation from reducing the number of immigrants under the quota of any quota area before June 30, 1968, for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his birth

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–236 substituted provisions prohibiting preferences or priorities or discrimination in the issuance of an immigrant visa because of race, sex, nationality, place of birth, or place of residence, setting a limit of 20,000 per year on the total number of entries available to natives of any single foreign state, and prohibiting the 20,000 limitation from reducing the number of immigrants under the quota of any quota area before June 30, 1968, for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his birth.

   Enacted provision · exact public law section
   Sec. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. Numerical limitations. Stat. 175; 8 U.S.C. 1152) is amended to read as follows: “(a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a) (27), section 201(b), and section Post, p. 916. Post, p. 912. 203: Provided, That the total number of immigrant visas and the number of conditional entries made available to natives of any single Infra. foreign state under paragraphs (1) through (8) of section 203(a) shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968. “(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and it the foreign state to which such spouse has been or Would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent. “(c) Any immigrant born in a colony or other component or dependent area of a foreign state unless a special immigrant as provided in Post, p. 916. Ante, p. 911. section 101 (a) (27) or an immediate relative of a United States citizen as specified in section 201(b), shall be chargeable, for the purpose of limitation set forth in section 202(a), to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state. “(d) In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.”

4. 1965

   Pub. L. 89–236 § 2 · 79 Stat. 911

   Substituted · 8 U.S.C. § 1152(b)

   Pub. L. 89–236 substituted provisions calling for treatment of each independent country, self-governing dominion, mandated territory, and trusteeship territory as a separate foreign state for purposes of determining the numerical limitation imposed on each foreign state, and chargeability of immigrants to the country of their birth except where such chargeability would cause the family unit to be divided, for provisions setting up the Asia-Pacific triangle and providing for the special treatment of quota chargeability thereunder on the basis of racial ancestry

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–236 substituted provisions calling for treatment of each independent country, self-governing dominion, mandated territory, and trusteeship territory as a separate foreign state for purposes of determining the numerical limitation imposed on each foreign state, and chargeability of immigrants to the country of their birth except where such chargeability would cause the family unit to be divided, for provisions setting up the Asia-Pacific triangle and providing for the special treatment of quota chargeability thereunder on the basis of racial ancestry.

   Enacted provision · exact public law section
   Sec. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. Numerical limitations. Stat. 175; 8 U.S.C. 1152) is amended to read as follows: “(a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a) (27), section 201(b), and section Post, p. 916. Post, p. 912. 203: Provided, That the total number of immigrant visas and the number of conditional entries made available to natives of any single Infra. foreign state under paragraphs (1) through (8) of section 203(a) shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968. “(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and it the foreign state to which such spouse has been or Would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent. “(c) Any immigrant born in a colony or other component or dependent area of a foreign state unless a special immigrant as provided in Post, p. 916. Ante, p. 911. section 101 (a) (27) or an immediate relative of a United States citizen as specified in section 201(b), shall be chargeable, for the purpose of limitation set forth in section 202(a), to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state. “(d) In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.”

5. 1965

   Pub. L. 89–236 § 2 · 79 Stat. 911

   Substituted · 8 U.S.C. § 1152(c)

   Pub. L. 89–236 substituted provisions making immigrants born in colonies or other component or dependent areas of a foreign state chargeable to the foreign state and placing a limitation on the number of such immigrants of 1 per centum of the maximum number of visas available to the foreign state, for provisions making immigrants born in colonies for which no specific quota are set chargeable to the governing country and placing a limit of 100 on such immigrants from each governing country each year, with special application to the Asia-Pacific triangle

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 89–236 substituted provisions making immigrants born in colonies or other component or dependent areas of a foreign state chargeable to the foreign state and placing a limitation on the number of such immigrants of 1 per centum of the maximum number of visas available to the foreign state, for provisions making immigrants born in colonies for which no specific quota are set chargeable to the governing country and placing a limit of 100 on such immigrants from each governing country each year, with special application to the Asia-Pacific triangle.

   Enacted provision · exact public law section
   Sec. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. Numerical limitations. Stat. 175; 8 U.S.C. 1152) is amended to read as follows: “(a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a) (27), section 201(b), and section Post, p. 916. Post, p. 912. 203: Provided, That the total number of immigrant visas and the number of conditional entries made available to natives of any single Infra. foreign state under paragraphs (1) through (8) of section 203(a) shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968. “(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and it the foreign state to which such spouse has been or Would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent. “(c) Any immigrant born in a colony or other component or dependent area of a foreign state unless a special immigrant as provided in Post, p. 916. Ante, p. 911. section 101 (a) (27) or an immediate relative of a United States citizen as specified in section 201(b), shall be chargeable, for the purpose of limitation set forth in section 202(a), to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state. “(d) In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.”

6. 1965

   Pub. L. 89–236 § 2 · 79 Stat. 911

   Substituted · 8 U.S.C. § 1152(d)

   Pub. L. 89–236 substituted provisions requiring Secretary of State, upon a change in the territorial limits of foreign states, to issue appropriate instructions to all diplomatic and consular offices, for provisions that the terms of an immigration quota for a quota area do not constitute recognition of the transfer of territory or of a government not recognized by the United States

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–236 substituted provisions requiring Secretary of State, upon a change in the territorial limits of foreign states, to issue appropriate instructions to all diplomatic and consular offices, for provisions that the terms of an immigration quota for a quota area do not constitute recognition of the transfer of territory or of a government not recognized by the United States.

   Enacted provision · exact public law section
   Sec. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. Numerical limitations. Stat. 175; 8 U.S.C. 1152) is amended to read as follows: “(a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a) (27), section 201(b), and section Post, p. 916. Post, p. 912. 203: Provided, That the total number of immigrant visas and the number of conditional entries made available to natives of any single Infra. foreign state under paragraphs (1) through (8) of section 203(a) shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968. “(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and it the foreign state to which such spouse has been or Would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent. “(c) Any immigrant born in a colony or other component or dependent area of a foreign state unless a special immigrant as provided in Post, p. 916. Ante, p. 911. section 101 (a) (27) or an immediate relative of a United States citizen as specified in section 201(b), shall be chargeable, for the purpose of limitation set forth in section 202(a), to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state. “(d) In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.”

7. 1965

   Pub. L. 89–236 § 2 · 79 Stat. 911

   Repealed · 8 U.S.C. § 1152(e)

   Pub. L. 89–236 repealed subsec. (e) which allowed revision of quotas

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 89–236 repealed subsec. (e) which allowed revision of quotas.

   Enacted provision · exact public law section
   Sec. 2. Section 202 of the Immigration and Nationality Act (66 Foreign states. Numerical limitations. Stat. 175; 8 U.S.C. 1152) is amended to read as follows: “(a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a) (27), section 201(b), and section Post, p. 916. Post, p. 912. 203: Provided, That the total number of immigrant visas and the number of conditional entries made available to natives of any single Infra. foreign state under paragraphs (1) through (8) of section 203(a) shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968. “(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to sub section (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and it the foreign state to which such spouse has been or Would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or if he is not a citizen or subject of any country then in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent. “(c) Any immigrant born in a colony or other component or dependent area of a foreign state unless a special immigrant as provided in Post, p. 916. Ante, p. 911. section 101 (a) (27) or an immediate relative of a United States citizen as specified in section 201(b), shall be chargeable, for the purpose of limitation set forth in section 202(a), to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state. “(d) In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.”

8. 1976

   Immigration and Nationality Act Amendments of 1976

   Pub. L. 94–571 § 3(1) · 90 Stat. 2703

   Struck · 8 U.S.C. § 1152(a)

   Pub. L. 94–571, § 3(1), struck out last proviso which read: “Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–571, § 3(1), struck out last proviso which read: “Provided further, That the foregoing proviso shall not operate to reduce the number of immigrants who may be admitted under the quota of any quota area before June 30, 1968”.

   Enacted provision · exact public law section
   (1) by striking out the last proviso in subsection (a);

9. 1976

   Immigration and Nationality Act Amendments of 1976

   Pub. L. 94–571 § 3(2) · 90 Stat. 2703

   Substituted · 8 U.S.C. § 1152(c)

   Pub. L. 94–571, § 3(2), in revising provisions, substituted “overseas from the foreign state, other than a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title, shall be chargeable for the purpose of the limitations set forth in section 1151(a) of this title and subsection (a) of this section, to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 600 in any one fiscal year” for “unless a special immigrant as provided in section 1101(a)(27) of this title or an immediate relative of a United States citizen as specified in section 1151(b) of this title, shall be chargeable, for the purpose of limitation set forth in subsection (a) of this section, to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–571, § 3(2), in revising provisions, substituted “overseas from the foreign state, other than a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title, shall be chargeable for the purpose of the limitations set forth in section 1151(a) of this title and subsection (a) of this section, to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 600 in any one fiscal year” for “unless a special immigrant as provided in section 1101(a)(27) of this title or an immediate relative of a United States citizen as specified in section 1151(b) of this title, shall be chargeable, for the purpose of limitation set forth in subsection (a) of this section, to the foreign state, except that the number of persons born in any such colony or other component or dependent area overseas from the foreign state chargeable to the foreign state in any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visas available to such foreign state”.

   Enacted provision · exact public law section
   (2) by striking out subsection (c) and inserting in lieu thereof the following : “(c) Any immigrant bora in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than a special immigrant, as defined in section 101(a) (27), or an immediate relative of a United States citizen, as defined in section 201 (b), shall be chargeable for the purpose of the limitations set forth in sections 201 (a) and 202(a). to the hemisphere, in which such colony or other component or dependent area, is located, and to the foreign slate, respectively, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 000 in any one fiscal year.”; an cl

10. 1976

    Immigration and Nationality Act Amendments of 1976

    Pub. L. 94–571 § 3(3) · 90 Stat. 2703

    Added · 8 U.S.C. § 1152(e)

    Pub. L. 94–571, § 3(3), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–571, § 3(3), added subsec. (e).

    Enacted provision · exact public law section
    (3) by inserting at the end thereof the following new subsection: “(e) Whenever the maximum number of visas or conditional entries have been made available under section 202 to natives of any single foreign state as defined in subsection (b) of tins section or any dependent area as defined in subsection (c) of this section in any fiscal year, in the next following fiscal year a number of visas and conditional entries, not to exceed 20,000, in the case of a foreign state or 600 in the case of a dependent area, shall be made available and allocated as follows:

11. 1978

    Pub. L. 95–412 § 2 · 92 Stat. 907

    1. Substituted · 8 U.S.C. § 1152(c)

       Pub. L. 95–412 substituted “limitation set forth in subsection (a), to the foreign state,” for “limitations set forth in section 1151(a) and subsection (a), to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively,”

    2. Substituted · 8 U.S.C. § 1152(c)

       Pub. L. 95–412 substituted “six hundred” for “600”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–412 substituted “limitation set forth in subsection (a), to the foreign state,” for “limitations set forth in section 1151(a) and subsection (a), to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively,” and “six hundred” for “600”.

    Enacted provision · exact public law section
    Sec. 2. Section 202(c) of the Immigration and Nationality Act is 8 USC 1152. amended to read as follows: “(c) Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than a special immigrant, as defined in section 101(a)(27), or an immediate relative of a United States citizen, as defined in section 201 (b), shall be chargeable for the purpose of the limitation set forth in section 202 (a), to the foreign state, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed six hundred in any one fiscal year.”.

12. 1980

    Refugee Act of 1980

    Pub. L. 96–212 § 203(b)(1) · 94 Stat. 102

    1. Substituted · 8 U.S.C. § 1152(a)

       Pub. L. 96–212, § 203(b)(1), (2), substituted “through (7)” for “through (8)”

    2. Struck · 8 U.S.C. § 1152(a)

       Pub. L. 96–212, § 203(b)(1), (2), struck out “and the number of conditional entries” after “visas”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–212, § 203(b)(1), (2), substituted “through (7)” for “through (8)”, and struck out “and the number of conditional entries” after “visas”.

    Enacted provision · exact public law section
    (1) by striking out “and the number of conditional entries” in subsection (a);

13. 1980

    Refugee Act of 1980

    Pub. L. 96–212 § 203(b)(3) · 94 Stat. 102

    1. Substituted · 8 U.S.C. § 1152(e)

       Pub. L. 96–212, § 203(b)(3)–(7), in introductory text struck out provisions relating to applicability to conditional entries, in par. (2) substituted “(26)” for “(20)”

    2. Struck · 8 U.S.C. § 1152(e)

       Pub. L. 96–212, § 203(b)(3)–(7), in introductory text struck out par. (7) relating to availability of conditional entries

    3. Redesignated · 8 U.S.C. § 1152(e)

       Pub. L. 96–212, § 203(b)(3)–(7), in introductory text redesignated par. (8) as (7)

    4. Substituted · 8 U.S.C. § 1152(e)

       Pub. L. 96–212, § 203(b)(3)–(7), in introductory text substituted “through (6)” for “through (7)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–212, § 203(b)(3)–(7), in introductory text struck out provisions relating to applicability to conditional entries, in par. (2) substituted “(26)” for “(20)”, struck out par. (7) relating to availability of conditional entries, and redesignated par. (8) as (7) and substituted “through (6)” for “through (7)”.

    Enacted provision · exact public law section
    (3) by striking out “or conditional entries” and “and conditional entries” in subsection (e);

14. 1981

    Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 20(b) · 95 Stat. 1611

    Inserted · 8 U.S.C. § 1152(a)

    Pub. L. 97–116, § 20(b), inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of natives who are issued visas or who otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this title and section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect for such year, to reduce to such extent the numerical limitation in effect for the natives of the same foreign state for the following fiscal year

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–116, § 20(b), inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of natives who are issued visas or who otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to section 1101(a)(27)(H) of this title and section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect for such year, to reduce to such extent the numerical limitation in effect for the natives of the same foreign state for the following fiscal year.

    Enacted provision · exact public law section
    (b) Section 202(a) (8 U.S.C. 1152(a)) is amended by inserting after “year” the following: “: And provided further, That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 8 USC 1101. Ante, p. 1621. 101(a)(27) or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year ”.

15. 1981

    Immigration and Nationality Act Amendments of 1981

    Pub. L. 97–116 § 18(c) · 95 Stat. 1611

    Inserted · 8 U.S.C. § 1152(b)

    Pub. L. 97–116, § 18(c), inserted “and” before “(4)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–116, § 18(c), inserted “and” before “(4)”.

    Enacted provision · exact public law section
    (c) Section 202(b) (8 U.S.C. 1152(b)) is amended by inserting “and” before “(4)”.

16. 1986

    Pub. L. 99–603 § 311(a)(1) · 100 Stat. 3359

    Substituted · 8 U.S.C. § 1152(c)

    Pub. L. 99–603, § 311(a)(1), substituted “5,000” for “six hundred”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–603, § 311(a)(1), substituted “5,000” for “six hundred”.

    Enacted provision · exact public law section
    (1) Section 202(c) (8 U.S.C. 1152(c)) is amended by striking out “six hundred” and inserting in lieu thereof “5,000”.

17. 1986

    Pub. L. 99–603 § 311(a)(2) · 100 Stat. 3359

    Substituted · 8 U.S.C. § 1152(e)

    Pub. L. 99–603, § 311(a)(2), substituted “5,000” for “600” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–603, § 311(a)(2), substituted “5,000” for “600” in provisions preceding par. (1).

    Enacted provision · exact public law section
    (2) Section 202(e) (8 U.S.C. 1152(e)) is amended by striking out “600” and inserting in lieu thereof “5,000”.

18. 1986

    Immigration and Nationality Act Amendments of 1986

    Pub. L. 99–653 § 4 · 100 Stat. 3655

    1. Amended · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as amended by Pub. L. 100–525, § 8(c)

    2. Amended · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as amended subsec. (b) generally

    3. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “outlying possessions, shall” for “outlying possessions shall”

    4. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “when accompanied by or following to join his alien” for “when accompanied by his alien”

    5. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “charged to the foreign state of either parent” for “charged to the same foreign state as the accompanying parent or of either accompanying parent”

    6. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “from the parent” for “from the accompanying parent”

    7. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical” for “and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical”

    8. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “of his spouse” for “of his accompanying spouse”

    9. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 99–653, as substituting “of the spouse he is accompanying or following to join” for “of the accompanying spouse”

    10. Substituted · 8 U.S.C. § 1152(b)

        Pub. L. 99–653, as substituting “and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical” for “and if the foreign state to which such spouse has been or would be chargeable has not exceeded the numerical”

    11. Substituted · 8 U.S.C. § 1152(b)

        Pub. L. 99–653, as substituting “subject, or, if” for “subject, or if”

    12. Substituted · 8 U.S.C. § 1152(b)

        Pub. L. 99–653, as substituting “country, in” for “country then in”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–653, as amended by Pub. L. 100–525, § 8(c), amended subsec. (b) generally, substituting “outlying possessions, shall” for “outlying possessions shall”, in cl. (1) substituting “when accompanied by or following to join his alien” for “when accompanied by his alien”, “charged to the foreign state of either parent” for “charged to the same foreign state as the accompanying parent or of either accompanying parent”, “from the parent” for “from the accompanying parent”, “and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical” for “and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical”, in cl. (2) substituting “of his spouse” for “of his accompanying spouse”, “of the spouse he is accompanying or following to join” for “of the accompanying spouse”, “and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical” for “and if the foreign state to which such spouse has been or would be chargeable has not exceeded the numerical”, and in cl. (3) substituting “subject, or, if” for “subject, or if” and “country, in” for “country then in”.

    Enacted provision · exact public law section
    Sec. 4. Section 202(b) (8 U.S.C. 1152(b)) is amended to read: “(b) Each independent country, self-governing dominion, mandated United Nations. Foreign states. territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to subsection (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the Children and youth. foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent.”.

19. 1988

    Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 8(c) · 102 Stat. 2609

    Amended · 8 U.S.C. § 1152(b)

    Pub. L. 100–525, § 8(c), amended Pub. L. 99–653, § 4. See 1986 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–525, § 8(c), amended Pub. L. 99–653, § 4. See 1986 Amendment note below.

    Enacted provision · exact public law section
    (8) In subsection (e)(1)(A)(ii), strike the first comma.

20. 1988

    Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(f)(1) · 102 Stat. 2609

    Substituted · 8 U.S.C. § 1152(c)

    Pub. L. 100–525, § 9(f)(1), substituted “subsection (a)” for “section 202(a)” in original, which for purposes of codification had been translated as “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–525, § 9(f)(1), substituted “subsection (a)” for “section 202(a)” in original, which for purposes of codification had been translated as “subsection (a)”.

    Enacted provision · exact public law section
    (1) in subsection (c), by striking “section 202(a)” and inserting “subsection (a)”, and

21. 1988

    Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 9(f)(2) · 102 Stat. 2609

    Substituted · 8 U.S.C. § 1152(e)

    Pub. L. 100–525, § 9(f)(2), substituted “this section” for “section 202” in original, which for purposes of codification had been translated as “this section”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–525, § 9(f)(2), substituted “this section” for “section 202” in original, which for purposes of codification had been translated as “this section”.

    Enacted provision · exact public law section
    (2) in subsection (e), by striking “section 202” and inserting “this section”.

22. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 102(1) · 104 Stat. 4978

    Amended · 8 U.S.C. § 1152(a)

    Pub. L. 101–649, § 102(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in sections 1101(a)(27), 1151(b), and 1153 of this title: Provided, That the total number of immigrant visas made available to natives of any single foreign state under paragraphs (1) through (7) of section 1153(a) of this title shall not exceed 20,000 in any fiscal year: And provided further, That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitations of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 1101(a)(27) of this title or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–649, § 102(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in sections 1101(a)(27), 1151(b), and 1153 of this title: Provided, That the total number of immigrant visas made available to natives of any single foreign state under paragraphs (1) through (7) of section 1153(a) of this title shall not exceed 20,000 in any fiscal year: And provided further, That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitations of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 1101(a)(27) of this title or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year.”

    Enacted provision · exact public law section
    (1) by amending subsection (a) to read as follows: “(a) Per Country Level.— “(1) Nondiscrimination.— Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence. “(2) Per country levels for family-sponsored and employment-based immigrants.— Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year. “(3) Exception if additional visas available.— If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter. “(4) Special rules for spouses and children of lawful permanent resident aliens.— “(A) 75 percent of minimum 2nd preference set-aside for spouses and children not subject to per country limitation.— “(i) In general.— Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, 75 percent of the 2-A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2). “(ii) 2-A floor defined.— In this paragraph, the term ‘2-A floor’ means, for a fiscal year, 77 percent of the total number of visas made available under section 203(a) to immigrants described in section 203(a)(2) in the fiscal year. “(B) Treatment of remaining 25 percent for countries subject to subsection (e).— “(i) In general.— Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, the remaining 25 percent of the 2-A floor shall be available in the case of a state or area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)). “(ii) Subsection (e) ceiling defined.— In clause (i), the term ‘subsection (e) ceiling’ means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area under section 203(a)(2) consistent with subsection (e). “(C) Treatment of unmarried sons and daughters in countries subject to subsection (e).— In the case of a foreign state or dependent area to which subsection (e) applies, the number of immigrant visas that may be made available to natives of the state or area under section 203(a)(2)(B) may not exceed— “(i) 23 percent of the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection (e), or “(ii) the number (if any) by which the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection (e) exceeds the number of visas issued under section 203(a)(2)(A), whichever is greater. “(D) Limiting pass down for certain countries subject to subsection (e).— In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2) all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.”;

    Effective date note
    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.

23. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 102(2) · 104 Stat. 4978

    1. Inserted · 8 U.S.C. § 1152(b)

       Pub. L. 101–649, § 102(2), inserted heading

    2. Substituted · 8 U.S.C. § 1152(b)

       Pub. L. 101–649, § 102(2), substituted reference to numerical level established under subsec. (a)(2) of this section for reference to numerical limitation set forth in proviso to subsec. (a) of this section, wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–649, § 102(2), inserted heading and substituted reference to numerical level established under subsec. (a)(2) of this section for reference to numerical limitation set forth in proviso to subsec. (a) of this section, wherever appearing.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by inserting “Rules for Chargeability.—” after “(b)”, and (B) by striking “the numerical limitation set forth in the proviso to subsection (a) of this section” each place it appears and inserting “a numerical level established under subsection (a)(2)”;

    Effective date note
    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.

24. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 102(3) · 104 Stat. 4978

    1. Inserted · 8 U.S.C. § 1152(c)

       Pub. L. 101–649, § 102(3), inserted heading

    2. Substituted · 8 U.S.C. § 1152(c)

       Pub. L. 101–649, § 102(3), substituted “an alien described in section 1151(b) of this title” for “a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title”

    3. Struck · 8 U.S.C. § 1152(c)

       Pub. L. 101–649, § 102(3), struck out “, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 5,000 in any one fiscal year” after “to the foreign state”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–649, § 102(3), inserted heading and substituted “an alien described in section 1151(b) of this title” for “a special immigrant, as defined in section 1101(a)(27) of this title, or an immediate relative of a United States citizen, as defined in section 1151(b) of this title” and struck out “, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 5,000 in any one fiscal year” after “to the foreign state”.

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) by inserting “Chargeability for Dependent Areas.—” after “(c)”, (B) by striking “a special immigrant” and all that follows through “201(b)” and inserting “an alien described in section 201(b)”, and (C) by striking “, and the number” and all that follows through “one fiscal year”;

    Effective date note
    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.

25. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 102(4) · 104 Stat. 4978

    Inserted · 8 U.S.C. § 1152(d)

    Pub. L. 101–649, § 102(4), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–649, § 102(4), inserted heading.

    Enacted provision · exact public law section
    (4) in subsection (d), by inserting “Changes in Territory.—” after “(d)”; and

    Effective date note
    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.

26. 1990

    Immigration Act of 1990

    Pub. L. 101–649 § 102(5) · 104 Stat. 4978

    1. Amended · 8 U.S.C. § 1152(e)

       Pub. L. 101–649, § 102(5), amended subsec. (e) generally

    2. Substituted · 8 U.S.C. § 1152(e)

       Pub. L. 101–649, § 102(5), substituting provisions relating to special rules for countries at ceiling for provisions relating to availability and allocation of additional visas

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–649, § 102(5), amended subsec. (e) generally, substituting provisions relating to special rules for countries at ceiling for provisions relating to availability and allocation of additional visas.

    Enacted provision · exact public law section
    (5) by amending subsection (e) to read as follows: “(e) Special Rules for Countries at Ceiling.— If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that— “(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201(d); “(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and “(3) the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b). Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).”.

    Effective date note
    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.

27. 1991

    Pub. L. 102–232 title III § 302(a)(3) · 105 Stat. 1733

    Struck · 8 U.S.C. § 1152(a)(4)(A)

    Pub. L. 102–232 struck out “minimum” before “2nd preference set-aside” in heading

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 102–232 struck out “minimum” before “2nd preference set-aside” in heading.

    Enacted provision · exact public law section
    (3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of the Immigration Act of 1990, is amended by striking “minimum”. 8 USC 1152.

    Effective date note
    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.

28. 1996

    NATO Enlargement Facilitation Act of 1996

    Pub. L. 104–208 div. C title VI § 633 · 110 Stat. 3009

    1. Amended · 8 U.S.C. § 1152(a)(1)

       Pub. L. 104–208 designated existing provisions as subpar. (A)

    2. Added · 8 U.S.C. § 1152(a)(1)

       Pub. L. 104–208 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–208 designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    Sec. 633. Survivor Annuity Resumption Upon Termination of Marriage.— (a) Amendments.— (1) Civil service retirement system.— Section 8341(e) of title 5, United States Code, is amended by adding at the end the following: “(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if— “(A) any lump sum paid is returned to the Fund; and “(B) that individual is not otherwise ineligible for such annuity.”. (2) Federal employees’ retirement system.— Section 8443(b) of such title is amended by adding at the end the following: “If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.”. (3) Federal employees health benefits.— Section 8908 of title 5, United States Code, is amended by adding at the end of the following new subsection: “(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.”. (b) 5 USC 8341 note. Applicability.— The amendments made by subsection (a) shall apply with respect to any termination of marriage taking effect before, on, or after the date of enactment of this Act, except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the month beginning after the later of such termination of marriage or such date of enactment.

29. 2000

    American Competitiveness in the Twenty-first Century Act of 2000

    Pub. L. 106–313 § 104(b)(1) · 114 Stat. 1251

    Substituted · 8 U.S.C. § 1152(a)(2)

    Pub. L. 106–313, § 104(b)(1), substituted “paragraphs (3), (4), and (5)” for “paragraphs (3) and (4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–313, § 104(b)(1), substituted “paragraphs (3), (4), and (5)” for “paragraphs (3) and (4)”.

    Enacted provision · exact public law section
    (1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by striking “paragraphs (3) and (4)” and inserting “paragraphs (3), (4), and (5)”.

30. 2000

    American Competitiveness in the Twenty-first Century Act of 2000

    Pub. L. 106–313 § 104(a) · 114 Stat. 1251

    Added · 8 U.S.C. § 1152(a)(5)

    Pub. L. 106–313, § 104(a), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 106–313, § 104(a), added par. (5).

    Enacted provision · exact public law section
    (a) Special Rules.— Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the following new paragraph: “(5) Rules for employment-based immigrants.— “(A) Employment-based immigrants not subject to per country limitation if additional visas available.— If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter. “(B) Limiting fall across for certain countries subject to subsection (e).— In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).”.

31. 2000

    American Competitiveness in the Twenty-first Century Act of 2000

    Pub. L. 106–313 § 104(b)(2) · 114 Stat. 1251

    Substituted · 8 U.S.C. § 1152(e)(3)

    Pub. L. 106–313, § 104(b)(2), substituted “except as provided in subsection (a)(5), the proportion of the visa numbers” for “the proportion of the visa numbers”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 106–313, § 104(b)(2), substituted “except as provided in subsection (a)(5), the proportion of the visa numbers” for “the proportion of the visa numbers”.

    Enacted provision · exact public law section
    (2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking “the proportion of the visa numbers” and inserting “except as provided in subsection (a)(5), the proportion of the visa numbers”.

51 of 52 references resolved to an enrolled provision · 1 partial