8 U.S. Code § 1152 - Numerical limitations on individual foreign states
Subject to paragraphs (3), (4), and (5), the total number ofimmigrant visas made available to natives of any single foreign stateor dependent area under subsections (a) and (b) ofsection 1153 of this title 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.
If because of the application of paragraph (2) with respect to one or moreforeign states or dependent areas, the total number of visas available under both subsections (a) and (b) ofsection 1153 of this title 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 statesor areas during the remainder of such calendar quarter.
Of the visa numbers made available undersection 1153(a) of this title to immigrants described insection 1153(a)(2)(A) of this title 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).
In this paragraph, the term “2–A floor” means, for a fiscal year, 77 percent of the total number of visas made available undersection 1153(a) of this title to immigrants described insection 1153(a)(2) of this title in the fiscal year.
Of the visa numbers made available undersection 1153(a) of this title to immigrants described insection 1153(a)(2)(A) of this title in any fiscal year, the remaining 25 percent of the 2–A floorshall be available in the case of a stateor 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 stateor area is less than the subsection (e) ceiling(as defined in clause (ii)).
In clause (i), the term “subsection (e) ceiling” means, for a foreign stateor dependent area, 77 percent of the maximum number of visas that may be made available undersection 1153(a) of this title to immigrants who are natives of the stateor area undersection 1153(a)(2) of this title consistent with subsection (e).
In the case of aforeign state or dependent area to which subsection (e) applies, if the total number of visas issued undersection 1153(a)(2) of this title exceeds the maximum number of visas that may be made available to immigrants of the stateor area undersection 1153(a)(2) of this title consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) ofsection 1153(a) of this title 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.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) ofsection 1153(b) of this title 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.
In the case of aforeign state or dependent area to which subsection (e) applies, if the total number of visas issued undersection 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the stateor area undersection 1153(b) of this title 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 aliensspecified insection 1153(b) of this title.
Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of theUnited Nations, other than the United Statesand its outlying possessions, shall be treated as a separate foreign statefor 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 statespecified by the Secretary of State. For the purposes of this chapter the foreign stateto which an immigrant is chargeable shall be determined by birth within such foreign stateexcept that (1) an alienchild, when accompanied by or following to join his alienparent or parents, may be charged to the foreign stateof 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 stateto 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 alienis chargeable to a different foreign statefrom that of his spouse, the foreign stateto which such alienis chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign stateof the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visaand if immigration charged to the foreign stateto 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 alienborn in the United Statesshall 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 residenceas determined by the consular officer; and (4) an alienborn within any foreign statein which neither of his parents was born and in which neither of his parents had a residenceat the time of such alien’s birth may be charged to the foreign stateof either parent.
Any immigrant born in a colony or other component or dependent area of aforeign state overseas from theforeign state, other than an aliendescribed insection 1151(b) of this title, shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
In the case of any change in the territorial limits offoreign states, the Secretary of Stateshall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices.
This chapter, referred to in subsec. (b), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration 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 undersection 1101 of this title and Tables.
2000—Subsec. (a)(2).Pub. L. 106–313, § 104(b)(1), substituted “paragraphs (3), (4), and (5)” for “paragraphs (3) and (4)”.
Subsec. (a)(5).Pub. L. 106–313, § 104(a), added par. (5).
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”.
1996—Subsec. (a)(1).Pub. L. 104–208 designated existing provisions as subpar. (A) and added subpar. (B).
1991—Subsec. (a)(4)(A).Pub. L. 102–232 struck out “minimum” before “2nd preference set-aside” in heading.
1990—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 visabecause 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 visasmade available to natives of any single foreign stateunder paragraphs (1) through (7) ofsection 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 visasor who may otherwise acquire the status of aliens lawfully admitted for permanent residenceand who are subject to the numerical limitations of this section, together with the aliensfrom the same foreign statewho adjust their status to aliens lawfully admitted for permanent residencepursuant to subparagraph (H) ofsection 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 Stateshall reduce to such extent the numerical limitation in effect for the natives of the same foreign statepursuant to this section for the following fiscal year.”
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.
Subsec. (c).Pub. L. 101–649, § 102(3), inserted heading and substituted “an aliendescribed insection 1151(b) of this title” for “a special immigrant, as defined insection 1101(a)(27) of this title, or an immediate relative of a United Statescitizen, as defined insection 1151(b) of this title” and struck out “, and the number of immigrant visasavailable 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”.
Subsec. (d).Pub. L. 101–649, § 102(4), inserted heading.
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.
1988—Subsec. (b).Pub. L. 100–525, § 8(c), amendedPub. L. 99–653, § 4. See 1986 Amendment note below.
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)”.
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”.
1986—Subsec. (b).Pub. L. 99–653, as amended byPub. 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 stateof either parent” for “charged to the same foreign stateas the accompanying parent or of either accompanying parent”, “from the parent” for “from the accompanying parent”, “and if immigration charged to the foreign stateto which such parent has been or would be chargeable has not reached the numerical” for “and if the foreign stateto 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 stateto which such spouse has been or would be chargeable has not reached the numerical” for “and if the foreign stateto 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”.
Subsec. (c).Pub. L. 99–603, § 311(a)(1), substituted “5,000” for “six hundred”.
Subsec. (e).Pub. L. 99–603, § 311(a)(2), substituted “5,000” for “600” in provisions preceding par. (1).
1981—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 aliensfrom the same foreign statewho adjust their status to aliens lawfully admitted for permanent residencepursuant tosection 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 statefor the following fiscal year.
Subsec. (b).Pub. L. 97–116, § 18(c), inserted “and” before “(4)”.
1980—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”.
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)”.
1978—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”.
1976—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 beforeJune 30, 1968”.
Subsec. (c).Pub. L. 94–571, § 3(2), in revising provisions, substituted “overseas from the foreign state, other than a special immigrant, as defined insection 1101(a)(27) of this title, or an immediate relative of a United Statescitizen, as defined insection 1151(b) of this title, shall be chargeable for the purpose of the limitations set forth insection 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 visasavailable to each such colony or other component or dependent area shall not exceed 600 in any one fiscal year” for “unless a special immigrantas provided insection 1101(a)(27) of this title or an immediate relative of a United Statescitizen as specified insection 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 statechargeable to the foreign statein any one fiscal year shall not exceed 1 per centum of the maximum number of immigrant visasavailable to such foreign state”.
Subsec. (e).Pub. L. 94–571, § 3(3), added subsec. (e).
1965—Subsec. (a).Pub. L. 89–236 substituted provisions prohibiting preferences or priorities or discrimination in the issuance of an immigrant visabecause 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 beforeJune 30, 1968, for provisions calling for the charging of immigrants, with certain exceptions, to the annual quota of the quota area of his birth.
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 statefor 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.
Subsec. (c).Pub. L. 89–236 substituted provisions making immigrants born in colonies or other component or dependent areas of a foreign statechargeable to the foreign stateand 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.
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.
Subsec. (e).Pub. L. 89–236 repealed subsec. (e) which allowed revision of quotas.
1961—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.
Amendment byPub. L. 102–232 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 310(1) of Pub. L. 102–232, set out as a note undersection 1101 of this title.
Amendment byPub. L. 101–649 effectiveOct. 1, 1991, and applicable beginning with fiscal year 1992, seesection 161(a) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
Amendment bysection 8(c) of Pub. L. 100–525 effective as if included in the enactment of theImmigration and Nationality Act Amendments of 1986,Pub. L. 99–653, seesection 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note undersection 1101 of this title.
Amendment byPub. L. 99–653 applicable to visas issued, and admissions occurring, on or afterNov. 14, 1986, seesection 23(a) of Pub. L. 99–653, set out as a note undersection 1101 of this title.
Pub. L. 99–603, title III, § 311(b),Nov. 6, 1986,100 Stat. 3434, provided that:
Amendment byPub. L. 97–116 effectiveDec. 29, 1981, seesection 21(a) of Pub. L. 97–116, set out as a note undersection 1101 of this title.
Amendment byPub. L. 96–212 effective, except as otherwise provided,Apr. 1, 1980, seesection 204 of Pub. L. 96–212, set out as a note undersection 1101 of this title.
Amendment byPub. L. 94–571 effective on first day of first month which begins more than sixty days afterOct. 20, 1976, seesection 10 of Pub. L. 94–571, set out as a note undersection 1101 of this title.
For effective date of amendment byPub. L. 89–236, seesection 20 of Pub. L. 89–236, set out as a note undersection 1151 of this title.
Pub. L. 101–649, title I, § 103,Nov. 29, 1990,104 Stat. 4985, provided that:
[Section 103 of Pub. L. 101–649 effectiveNov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, seesection 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note undersection 1101 of this title.]
The numerical limitations described in text not to apply in the case of certainaliens residing in the Virgin Islands seeking adjustment of their status topermanent resident alienstatus, and such adjustment of status not to result in any reduction in the number of alienswho may acquire the status of alienslawfully admitted to theUnited States for permanentresidence under this chapter, seesection 2(c)(1) of Pub. L. 97–271, set out as a note undersection 1255 of this title.
For provisions rendering inapplicable the numerical limitations contained in this section to certainaliens who had applied for adjustment to the status ofpermanent resident alienon or beforeJune 1, 1978, seesection 19 of Pub. L. 97–116, set out as a note undersection 1151 of this title.
Pub. L. 97–113, title VII, § 714,Dec. 29, 1981,95 Stat. 1548, provided that: