Per country level
Nondiscrimination
Per country levels for family-sponsored and employment-based immigrants
section 1153 of this titleSubject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of 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.
Exception if additional visas available
section 1153 of this titleIf 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 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.
Special rules for spouses and children of lawful permanent resident aliens
75 percent of 2nd preference set-aside for spouses and children not subject to per country limitation
In general
section 1153(a) of this titlesection 1153(a)(2)(A) of this titleOf the visa numbers made available under to immigrants described in 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).
“2–A floor” defined
section 1153(a) of this titlesection 1153(a)(2) of this titleIn this paragraph, the term “2–A floor” means, for a fiscal year, 77 percent of the total number of visas made available under to immigrants described in in the fiscal year.
Treatment of remaining 25 percent for countries subject to subsection (e)
In general
section 1153(a) of this titlesection 1153(a)(2)(A) of this titleOf the visa numbers made available under to immigrants described in 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)).
“Subsection (e) ceiling” defined
section 1153(a) of this titlesection 1153(a)(2) of this titleIn 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 to immigrants who are natives of the state or area under consistent with subsection (e).
Treatment of unmarried sons and daughters in countries subject to subsection (e)
Limiting pass down for certain countries subject to subsection (e)
section 1153(a)(2) of this titlesection 1153(a)(2) of this titlesection 1153(a) of this titleIn the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under exceeds the maximum number of visas that may be made available to immigrants of the state or area under consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of 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.
Rules for employment-based immigrants
Employment-based immigrants not subject to per country limitation if additional visas available
section 1153(b) of this titleIf the total number of visas available under paragraph (1), (2), (3), (4), or (5) of 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.
Limiting fall across for certain countries subject to subsection (e)
section 1153(b) of this titlesection 1153(b) of this titlesection 1153(b) of this titleIn the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under exceeds the maximum number of visas that may be made available to immigrants of the state or area under 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 .
Rules for chargeability
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 a numerical level established under subsection (a)(2) 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 chapter 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 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 a numerical level established under subsection (a)(2) 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 a numerical level established under subsection (a)(2) 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; and (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.
Chargeability for dependent areas
section 1151(b) of this titleAny immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
Changes in territory
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.
Special rules for countries at ceiling
June 27, 1952, ch. 47766 Stat. 176Pub. L. 87–301, § 975 Stat. 654Pub. L. 89–236, § 279 Stat. 911Pub. L. 94–571, § 390 Stat. 2703Pub. L. 95–412, § 292 Stat. 907Pub. L. 96–212, title II, § 203(b)94 Stat. 107Pub. L. 97–11695 Stat. 1620Pub. L. 99–603, title III, § 311(a)100 Stat. 3434Pub. L. 99–653, § 4100 Stat. 3655Pub. L. 100–525102 Stat. 2617Pub. L. 101–649, title I, § 102104 Stat. 4982Pub. L. 102–232, title III, § 302(a)(3)105 Stat. 1742Pub. L. 104–208, div. C, title VI, § 633110 Stat. 3009–701Pub. L. 106–313, title I, § 104(a)114 Stat. 1252(, title II, ch. 1, § 202, ; , , ; , , ; , , ; , , ; , , ; , §§ 18(c), 20(b), , , 1622; , , ; , , ; , §§ 8(c), 9(f), , , 2620; , , ; , , ; , , ; , (b), , , 1253.)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsec. (b), was in the original, “this Act”, meaning , , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 106–313, § 104(b)(1)2000—Subsec. (a)(2). , substituted “paragraphs (3), (4), and (5)” for “paragraphs (3) and (4)”.
Pub. L. 106–313, § 104(a)Subsec. (a)(5). , added par. (5).
Pub. L. 106–313, § 104(b)(2)Subsec. (e)(3). , substituted “except as provided in subsection (a)(5), the proportion of the visa numbers” for “the proportion of the visa numbers”.
Pub. L. 104–2081996—Subsec. (a)(1). designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 102–2321991—Subsec. (a)(4)(A). struck out “minimum” before “2nd preference set-aside” in heading.
Pub. L. 101–649, § 102(1)Providedsection 1153(a) of this titleAnd provided furthersection 1101(a)(27) of this title1990—Subsec. (a). , 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: , That the total number of immigrant visas made available to natives of any single foreign state under paragraphs (1) through (7) of shall not exceed 20,000 in any fiscal year: , 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 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.”
Pub. L. 101–649, § 102(2)Subsec. (b). , 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.
Pub. L. 101–649, § 102(3)section 1151(b) of this titlesection 1101(a)(27) of this titlesection 1151(b) of this titleSubsec. (c). , inserted heading and substituted “an alien described in ” for “a special immigrant, as defined in , or an immediate relative of a United States citizen, as defined in ” 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”.
Pub. L. 101–649, § 102(4)Subsec. (d). , inserted heading.
Pub. L. 101–649, § 102(5)Subsec. (e). , amended subsec. (e) generally, substituting provisions relating to special rules for countries at ceiling for provisions relating to availability and allocation of additional visas.
Pub. L. 100–525, § 8(c)Pub. L. 99–653, § 41988—Subsec. (b). , amended . See 1986 Amendment note below.
Pub. L. 100–525, § 9(f)(1)Subsec. (c). , substituted “subsection (a)” for “section 202(a)” in original, which for purposes of codification had been translated as “subsection (a)”.
Pub. L. 100–525, § 9(f)(2)Subsec. (e). , substituted “this section” for “section 202” in original, which for purposes of codification had been translated as “this section”.
Pub. L. 99–653Pub. L. 100–525, § 8(c)1986—Subsec. (b). , as amended by , 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”.
Pub. L. 99–603, § 311(a)(1)Subsec. (c). , substituted “5,000” for “six hundred”.
Pub. L. 99–603, § 311(a)(2)Subsec. (e). , substituted “5,000” for “600” in provisions preceding par. (1).
Pub. L. 97–116, § 20(b)section 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 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 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.
Pub. L. 97–116, § 18(c)Subsec. (b). , inserted “and” before “(4)”.
Pub. L. 96–212, § 203(b)(1)1980—Subsec. (a). , (2), substituted “through (7)” for “through (8)”, and struck out “and the number of conditional entries” after “visas”.
Pub. L. 96–212, § 203(b)(3)Subsec. (e). –(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)”.
Pub. L. 95–4121978—Subsec. (c). 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”.
Pub. L. 94–571, § 3(1)Provided further1976—Subsec. (a). , struck out last proviso which read: “, 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 ”.
Pub. L. 94–571, § 3(2)section 1101(a)(27) of this titlesection 1151(b) of this titlesection 1151(a) of this titlesection 1101(a)(27) of this titlesection 1151(b) of this titleSubsec. (c). , in revising provisions, substituted “overseas from the foreign state, other than a special immigrant, as defined in , or an immediate relative of a United States citizen, as defined in , shall be chargeable for the purpose of the limitations set forth in 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 or an immediate relative of a United States citizen as specified in , 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”.
Pub. L. 94–571, § 3(3)Subsec. (e). , added subsec. (e).
Pub. L. 89–2361965—Subsec. (a). 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 , for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his birth.
Pub. L. 89–236Subsec. (b). 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.
Pub. L. 89–236Subsec. (c). 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.
Pub. L. 89–236Subsec. (d). 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.
Pub. L. 89–236Subsec. (e). repealed subsec. (e) which allowed revision of quotas.
Pub. L. 87–3011961—Subsec. (e). 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.
Statutory Notes and Related Subsidiaries
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 1988 Amendment
section 8(c) of Pub. L. 100–525Pub. L. 99–653section 309(b)(15) of Pub. L. 102–232section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, , see , set out as an Effective and Termination Dates of 1988 Amendments note under .
Effective Date of 1986 Amendments
Pub. L. 99–653section 23(a) of Pub. L. 99–653section 1101 of this titleAmendment by applicable to visas issued, and admissions occurring, on or after , see , set out as a note under .
Pub. L. 99–603, title III, § 311(b)100 Stat. 3434
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, , 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. 89–236section 20 of Pub. L. 89–236section 1151 of this titleFor effective date of amendment by , see , set out as a note under .
Treatment of Hong Kong Under Per Country Levels
Pub. L. 101–649, title I, § 103104 Stat. 4985
Section 103 of Pub. L. 101–649section 161(b) of Pub. L. 101–649section 1101 of this title[ effective , and (unless otherwise provided) applicable to fiscal year 1991, see , set out as an Effective Date of 1990 Amendment note under .]
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 text 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
section 19 of Pub. L. 97–116section 1151 of this titleFor provisions rendering inapplicable the numerical limitations contained in this section to certain aliens who had applied for adjustment to the status of permanent resident alien on or before , see , set out as a note under .
Approval by Secretary of State Treating Taiwan (China) as Separate Foreign State for Purposes of Numerical Limitation on Immigrant Visas
Pub. L. 97–113, title VII, § 71495 Stat. 1548