US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1151

Worldwide level of immigration

(a)

In general

Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—
(1)
section 1153(a) of this titlesection 1181(a) of this titlesection 1153(a) of this title family-sponsored immigrants described in (or who are admitted under on the basis of a prior issuance of a visa to their accompanying parent under ) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
(2)
section 1153(b) of this titlesection 1181(a) of this titlesection 1153(b) of this title employment-based immigrants described in (or who are admitted under on the basis of a prior issuance of a visa to their accompanying parent under ), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and
(3)
section 1153(c) of this titlesection 1181(a) of this titlesection 1153(c) of this title for fiscal years beginning with fiscal year 1995, diversity immigrants described in (or who are admitted under on the basis of a prior issuance of a visa to their accompanying parent under ) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.
(b)

Aliens not subject to direct numerical limitations

Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:
(1)
(A)
section 1101(a)(27) of this title Special immigrants described in subparagraph (A) or (B) of .
(B)
section 1157 of this titlesection 1159 of this title Aliens who are admitted under or whose status is adjusted under .
(C)
Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of this title.
(D)
section 1229b(a) of this title Aliens whose removal is canceled under .
(E)
section 1259 of this title Aliens provided permanent resident status under .
(2)
(A)
(i)

Immediate relatives .—

section 1154(a)(1)(A)(ii) of this titlesection 1154(a)(1)(A) of this titleFor purposes of this subsection, the term “immediate relatives” means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen’s death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under within 2 years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.
(ii)
section 1181(a) of this title Aliens admitted under on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.
(B)
Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
(c)

Worldwide level of family-sponsored immigrants

(1)
(A)
The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to—
(i)
480,000, minus
(ii)
the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus
(iii)
the number (if any) computed under paragraph (3).
(B)
(i)
For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii)
In no case shall the number computed under subparagraph (A) be less than 226,000.
(2)
The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
(3)
(A)
The number computed under this paragraph for fiscal year 1992 is zero.
(B)
section 1153(a) of this title The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under during that fiscal year.
(C)
section 1153(b) of this title The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
(4)
section 1182(d)(5) of this title The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under in the second preceding fiscal year—
(A)
who did not depart from the United States (without advance parole) within 365 days; and
(B)
who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section.
(5)
If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1).
(d)

Worldwide level of employment-based immigrants

(1)
The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A)
140,000, plus
(B)
the number computed under paragraph (2).
(2)
(A)
The number computed under this paragraph for fiscal year 1992 is zero.
(B)
section 1153(b) of this title The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under during that fiscal year.
(C)
section 1153(a) of this title The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
(e)

Worldwide level of diversity immigrants

The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.

(f)

Rules for determining whether certain aliens are immediate relatives

(1)

Age on petition filing date

section 1101(b)(1) of this titlesection 1154 of this titleExcept as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under to classify the alien as an immediate relative under subsection (b)(2)(A)(i).

(2)

Age on parent’s naturalization date

section 1154 of this titlesection 1153(a)(2)(A) of this titleIn the case of a petition under initially filed for an alien child’s classification as a family-sponsored immigrant under , based on the child’s parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent’s naturalization.

(3)

Age on marriage termination date

section 1154 of this titlesection 1153(a)(3) of this titlesection 1153(a)(1) of this titleIn the case of a petition under initially filed for an alien’s classification as a family-sponsored immigrant under , based on the alien’s being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under , the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage.

(4)

Application to self-petitions

Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.

June 27, 1952, ch. 47766 Stat. 175Pub. L. 89–236, § 179 Stat. 911Pub. L. 94–571, § 290 Stat. 2703Pub. L. 95–412, § 192 Stat. 907Pub. L. 96–212, title II, § 203(a)94 Stat. 106Pub. L. 97–116, § 20[(a)]95 Stat. 1621Pub. L. 101–649, title I, § 101(a)104 Stat. 4980Pub. L. 102–232, title III, § 302(a)(1)105 Stat. 1742Pub. L. 103–322, title IV, § 40701(b)(2)108 Stat. 1954Pub. L. 103–416, title II, § 219(b)(1)108 Stat. 4316Pub. L. 104–208, div. C, title III, § 308(e)(5)110 Stat. 3009–620Pub. L. 106–386, div. B, title V, § 1507(a)(3)114 Stat. 1530Pub. L. 107–208, § 2116 Stat. 927Pub. L. 109–162, title VIII, § 805(b)(1)119 Stat. 3056Pub. L. 111–83, title V, § 568(c)(1)123 Stat. 2186(, title II, ch. 1, § 201, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (g)(8)(A)(i), title VI, §§ 603, 671(d)(1)(A), , , 3009–624, 3009–690, 3009–723; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–832009—Subsec. (b)(2)(A)(i). struck out “for at least 2 years at the time of the citizen’s death” before “and was not legally separated” in second sentence.

Pub. L. 109–1622006—Subsec. (f)(4). added par. (4).

Pub. L. 107–2082002—Subsec. (f). added subsec. (f).

Pub. L. 106–386section 1154(a)(1)(A) of this title2000—Subsec. (b)(2)(A)(i). inserted at end “For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.”

Pub. L. 104–208, § 671(d)(1)(A)1996—Subsec. (b)(1)(C). , struck out “, 1161,” after “section 1160”.

Pub. L. 104–208, § 308(g)(8)(A)(i)Subsec. (b)(1)(D). , substituted “section 1229b(a)” for “section 1254(a)”.

Pub. L. 104–208, § 308(e)(5), substituted “removal is canceled” for “deportation is suspended”.

Pub. L. 104–208, § 603(1)Subsec. (c)(1)(A)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the number computed under paragraph (2), plus”.

Pub. L. 104–208, § 603(2)Subsec. (c)(4), (5). , added pars. (4) and (5).

Pub. L. 103–4161994—Subsec. (b)(2)(A)(i). inserted “(and each child of the alien)” after “death, the alien” in second sentence.

Pub. L. 103–322 substituted “1154(a)(1)(A)(ii)” for “1154(a)(1)(A)”.

Pub. L. 102–232, § 302(a)(1)(A)1991—Subsec. (c)(3). , added subpars. (A) and (B), designated existing text as subpar. (C), and in subpar. (C) substituted “The number computed under this paragraph for a subsequent fiscal year” for “The number computed under this paragraph for a fiscal year”.

Pub. L. 102–232, § 302(a)(1)(B)Subsec. (d)(2). , added subpars. (A) and (B), designated existing text as subpar. (C), and in subpar. (C) substituted “The number computed under this paragraph for a subsequent fiscal year” for “The number computed under this paragraph for a fiscal year”.

Pub. L. 101–6491990— amended section generally, substituting provisions setting forth general and worldwide levels for family-sponsored, employment-based, and diversity immigrants, for provisions setting forth numerical limitations on total lawful admissions without breakdown as to type.

Pub. L. 97–116section 1101(a)(27)(H) of this title1981—Subsec. (a). inserted proviso authorizing Secretary of State, to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who 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 who adjust their status to aliens lawfully admitted for permanent residence pursuant to or section 19 of the Immigration and Nationality Amendments of 1981, exceed the annual numerical limitation in effect, to reduce to such extent the annual numerical limitation in effect for the following fiscal year.

Pub. L. 96–212section 1153(a)(7) of this title1980—Subsec. (a). inserted provisions relating to aliens admitted or granted asylums under section 1157 or 1158 of this title, struck out provisions relating to aliens entering conditionally under , and decreased the authorized number from seventy-seven thousand to seventy-two thousand in each of the first three-quarters of any fiscal year, and from two hundred and ninety thousand to two hundred and seventy thousand in any fiscal year as the maximum number of admissions for such periods.

Pub. L. 95–4121978—Subsec. (a). substituted provisions establishing a single worldwide annual immigration ceiling of 290,000 aliens and limiting to 77,000 the number of aliens subject to such ceiling which may be admitted in each of the first three quarters of any fiscal year for provisions establishing separate annual immigration ceilings of 170,000 aliens for the Eastern Hemisphere and 120,000 aliens for the Western Hemisphere and limiting to 45,000 the number of aliens subject to the Eastern Hemisphere ceiling and to 32,000 the number of aliens subject to the Western Hemisphere ceiling which may be admitted in the first three quarters of any fiscal year.

Pub. L. 94–571, § 2(1)1976—Subsec. (a). , in amending subsec. (a) generally, designated existing provisions as cl. (1) limited to aliens born in any foreign state or dependent area located in the Eastern Hemisphere and added cl. (2).

Pub. L. 94–571, § 2(2)Subsecs. (c) to (e). , struck out subsec. (c) which provided for determination of unused quota numbers, subsec. (d) which provided for an immigration pool, limitation on total numbers, and allocations therefrom, and subsec. (e) which provided for termination of immigration pool on , and for carryover of admissible immigrants.

Pub. L. 89–2361965—Subsec. (a). substituted provisions setting up a 170,000 maximum on total annual immigration and 45,000 maximum on total quarterly immigration without regard to national origins, for provisions setting an annual quota for quota areas which allowed admission of one-sixth of one per centum of portion of national population of continental United States in 1920 attributable by national origin of that quota area and setting a minimum quota of 100 for each quota area.

Pub. L. 89–236Subsec. (b). substituted provisions defining “immediate relatives” for provisions calling for a determination of annual quota for each quota area by Secretaries of State and Commerce and Attorney General, and proclamation of quotas by President.

Pub. L. 89–236Subsec. (c). substituted provisions allowing carryover through , of quotas for quota areas in effect on , and redistribution of unused quota numbers, for provisions which limited issuance of immigrant visas.

Pub. L. 89–236Subsec. (d). substituted provisions creating an immigration pool and allocating its numbers without reference to the quotas to which an alien is chargeable, for provisions allowing issuance of an immigrant visa to an immigrant as a quota immigrant even though he might be a nonquota immigrant.

Pub. L. 89–236Subsec. (e). substituted provisions terminating the immigration pool on , for provisions permitting reduction of annual quotas based on national origins pursuant to Act of Congress prior to effective date of proclaimed quotas.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–83, title V, § 568(c)(2)123 Stat. 2186

“(A)

In general .—

8 U.S.C. 1151(b)(2)(A)(i)The amendment made by paragraph (1) [amending this section] shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act () pending on or after the date of the enactment of this Act [].
“(B)

Transition cases.—

“(i)

In general .—

8 U.S.C. 1154(a)(1)(A)(ii)Notwithstanding any other provision of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality Act () not later than the date that is 2 years after the date of the enactment of this Act.
“(ii)

Aliens described .—

An alien is described in this clause if—
“(I)
the alien’s United States citizen spouse died before the date of the enactment of this Act;
“(II)
the alien and the citizen spouse were married for less than 2 years at the time of the citizen spouse’s death; and
“(III)
the alien has not remarried.”
, , , provided that:

Effective Date of 2002 Amendment

Pub. L. 107–208, § 8116 Stat. 930

“The amendments made by this Act [amending this section and sections 1153, 1154, 1157, and 1158 of this title] shall take effect on the date of the enactment of this Act [] and shall apply to any alien who is a derivative beneficiary or any other beneficiary of—
“(1)
8 U.S.C. 1154 a petition for classification under section 204 of the Immigration and Nationality Act () approved before such date but only if a final determination has not been made on the beneficiary’s application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition;
“(2)
8 U.S.C. 1154 a petition for classification under section 204 of the Immigration and Nationality Act () pending on or after such date; or
“(3)
an application pending before the Department of Justice or the Department of State on or after such date.”
, , , provided that:

Effective Date of 1996 Amendment

Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by section 308(e)(5), (g)(8)(A)(i) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Effective Date of 1994 Amendments

Pub. L. 103–416Pub. L. 101–649section 219(dd) of Pub. L. 103–416section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .

Pub. L. 103–322, title IV, § 40701(d)108 Stat. 1955

section 1154 of this title“The amendments made by this section [amending this section and ] shall take effect .”
, , , provided that:

Effective Date of 1991 Amendment

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

Effective Date of 1990 Amendment

Pub. L. 101–649section 161(a) of Pub. L. 101–649section 1101 of this titleAmendment by effective , and applicable beginning with fiscal year 1992, see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–212section 204 of Pub. L. 96–212section 1101 of this titleAmendment by effective, except as otherwise provided, , and applicable to fiscal years beginning with the fiscal year beginning , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–571section 10 of Pub. L. 94–571section 1101 of this titleAmendment by effective on first day of first month which begins more than sixty days after , see , set out as a note under .

Effective Date of 1965 Amendment

Pub. L. 89–236, § 2079 Stat. 920

section 1157 of this title“This Act [amending this section and sections 1101, 1152 to 1156, 1181, 1182, 1201, 1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this title, repealing , and enacting provisions set out as a note under this section] shall become effective on the first day of the first month after the expiration of thirty days following the date of its enactment [] except as provided herein.”
, , , provided that:

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

Extension of Posthumous Benefits to Surviving Spouses, Children, and Parents

Pub. L. 108–136, div. A, title XVII, § 1703(a)117 Stat. 1693

“(a)

Treatment as Immediate Relatives.—

“(1)

Spouses .—

8 U.S.C. 1151(b)(2)(A)(i)8 U.S.C. 1154(a)(1)(A)(ii)Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen’s death and was not legally separated from the citizen at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen’s death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act [] within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act.
“(2)

Children.—

“(A)

In general .—

8 U.S.C. 1151(b)In the case of an alien who was the child of a citizen of the United States at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (), to remain an immediate relative after the date of the citizen’s death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date.
“(B)

Petitions .—

8 U.S.C. 1151(b)(2)(A)(i)8 U.S.C. 11018 U.S.C. 1154(a)(1)(A)An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (). For purposes of such Act [ et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ().
“(3)

Parents.—

“(A)

In general .—

8 U.S.C. 1151(b)In the case of an alien who was the parent of a citizen of the United States at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act (), to remain an immediate relative after the date of the citizen’s death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date.
“(B)

Petitions .—

8 U.S.C. 1151(b)(2)(A)(i)8 U.S.C. 1154(a)(1)(A)An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ().
“(C)

Exception .—

8 U.S.C. 1151(b)(2)(A)(i)Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act (), for purposes of this paragraph, a citizen described in subparagraph (A) does not have to be 21 years of age for a parent to benefit under this paragraph.
“(b)

Applications for Adjustment of Status by Surviving Spouses, Children, and Parents.—

“(1)

In general .—

8 U.S.C. 1255Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act (), any alien who was the spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(B), may have such application adjudicated as if such death had not occurred.
“(2)

Alien described .—

An alien is described in this paragraph if the alien—
“(A)
served honorably in an active duty status in the military, air, or naval forces of the United States;
“(B)
died as a result of injury or disease incurred in or aggravated by combat; and
“(C)
8 U.S.C. 1440–1 was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ().
“(c)

Spouses and Children of Lawful Permanent Resident Aliens.—

“(1)

Treatment as immediate relatives.—

“(A)

In general .—

8 U.S.C. 1153(a)(2)8 U.S.C. 1151(b)(2)(A)(i)A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act () that was filed by such alien, shall be considered (if the spouse or child has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (). Such spouse or child shall be eligible for deferred action, advance parole, and work authorization.
“(B)

Petitions .—

8 U.S.C. 1151(b)(2)(A)(i)8 U.S.C. 11018 U.S.C. 1154(a)(1)(A)An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (). For purposes of such Act [ et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ().
“(2)

Self-petitions .—

8 U.S.C. 1151(b)(2)(A)(i)Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act () with the Secretary of Homeland Security, but only if the spouse or child files a petition within 2 years after such date. Such spouse or child shall be eligible for deferred action, advance parole, and work authorization.
“(3)

Alien described .—

An alien is described in this paragraph if the alien—
“(A)
served honorably in an active duty status in the military, air, or naval forces of the United States;
“(B)
died as a result of injury or disease incurred in or aggravated by combat; and
“(C)
8 U.S.C. 1440–1 was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ().
“(d)

Parents of Lawful Permanent Resident Aliens.—

“(1)

Self-petitions .—

8 U.S.C. 1151(b)(2)(A)(i)8 U.S.C. 11018 U.S.C. 1154(a)(1)(A)Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act (), but only if the parent files a petition within 2 years after such date. For purposes of such Act [ et seq.], such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act (). Such parent shall be eligible for deferred action, advance parole, and work authorization.
“(2)

Alien described .—

An alien is described in this paragraph if the alien—
“(A)
served honorably in an active duty status in the military, air, or naval forces of the United States;
“(B)
died as a result of injury or disease incurred in or aggravated by combat; and
“(C)
8 U.S.C. 1440–1 was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ().
“(e)

Waiver of Ground for Inadmissibility .—

8 U.S.C. 11018 U.S.C. 1182(a)(4)In determining the admissibility of any alien accorded an immigration benefit under this section for purposes of the Immigration and Nationality Act [ et seq.], the ground for inadmissibility specified in section 212(a)(4) of such Act () shall not apply.”
–(e), , , provided that:

Section 1703 of Pub. L. 108–136section 1705(a) of Pub. L. 108–136section 1439 of this title[, set out above, effective as if enacted on , see , set out as an Effective Date of 2003 Amendment note under .]

Temporary Reduction in Diversity Visas

Pub. L. 105–100, title II, § 203(d)111 Stat. 2199Pub. L. 105–139, § 1(d)111 Stat. 2644Pub. L. 118–31, div. E, title LI, § 5104(c)137 Stat. 938

“(1)
8 U.S.C. 1151(e) Beginning in fiscal year 1999, subject to paragraph (2), the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act [] shall be reduced by 5,000 from the number of visas otherwise available under that section for such fiscal year.
“(2)
In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which—
“(A)
the sum of—
“(i)
8 U.S.C. 1101Public Law 104–208Public Law 105–1008 U.S.C. 1255 one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( note; ) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act (; note) as of the end of the previous fiscal year; and
“(ii)
8 U.S.C. 1101(a)(27)(D)Pub. L. 118–318 U.S.C. 1153 the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act () for whom visas shall have been made available under section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [, note] as of the end of the previous fiscal year; exceeds
“(B)
the total of the reductions in available visas under this subsection for all previous fiscal years.
“(3)
(A)
Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the sum calculated under paragraph (2)(A), minus the number in paragraph (2)(B), is zero.
“(B)
Nothing in this paragraph may be construed—
“(i)
to repeal, modify, or render permanently inapplicable paragraph (1); or
“(ii)
Pub. L. 118–318 U.S.C. 1153 to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [, note].
“(4)
8 U.S.C. 1151(e) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act () is reduced to a number fewer than 50,000, not fewer than 3,000 of such visas shall be made available for individuals described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024.”
, , , as amended by , , ; , , , provided that:

Transition Relating to Death of Citizen Spouse

Pub. L. 101–649, title I, § 101(c)Pub. L. 102–232, title III, § 302(a)(2)105 Stat. 1742

8 U.S.C. 1151(b)(2)(A)(i)“In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act [] (as amended by subsection (a)) in the case of a [sic] alien whose citizen spouse died before the date of the enactment of this Act [], notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act.”
, as added by , , , provided that:

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

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

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

Pub. L. 97–116, § 1995 Stat. 1621

“The numerical limitations contained in sections 201 and 202 of the Immigration and Nationality Act [sections 1151 and 1152 of this title] shall not apply to any alien who is present in the United States and who, on or before —
“(1)
section 1153(a)(8) of this title qualified as a nonpreference immigrant under section 203(a)(8) of such Act [] (as in effect on );
“(2)
section 1182(a)(14) of this title was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act [former ] because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and
“(3)
applied for adjustment of status to that of an alien lawfully admitted for permanent residence.”
, , , provided that:

Select Commission on Immigration and Refugee Policy

Pub. L. 95–412, § 492 Stat. 907Pub. L. 96–132, § 2393 Stat. 1051, , , as amended by , , , provided for the establishment of a Select Commission on Immigration and Refugee Policy to study and evaluate existing laws, policies, and procedures governing the admission of immigrants and refugees to the United States, to make such administrative and legislative recommendations to the President and Congress as appropriate, and to submit a final report no later than , at which time it ceased to exist although it was authorized to function for up to 60 days thereafter to wind up its affairs.

Select Commission on Western Hemisphere Immigration

Pub. L. 89–236, § 21(a)79 Stat. 920–(d), (f)–(h), , , 921, established a Select Commission on Western Hemisphere Immigration to study the operation of the immigration laws of the United States as they pertain to Western Hemisphere nations, with emphasis on the adequacy of such laws from the standpoint of fairness and the impact of such laws on employment and working conditions within the United States, and to make a final report to the President on or before , and terminate not later than 60 days after filing the final report.

Termination of Quota Deductions

Pub. L. 85–316, § 1071 Stat. 642, , , provided that the quota deductions required under the provisions of former subsec. (e) of this section, the Displaced Persons Act of 1948, the act of , and the act of , were terminated effective .