8 U.S. Code § 1153 - Allocation of immigrant visas
Qualified immigrants who are theunmarried sons or daughters of citizens of theUnited States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
Qualified immigrants who are the married sons or married daughters of citizens of theUnited States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
Qualified immigrants who are the brothers or sisters of citizens of theUnited States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
Analien is described in this subparagraph if thealien, in the 3 years preceding the time of thealien’s application for classification and admission into theUnited States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alienseeks to enter theUnited States in order to continue to render servicesto the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of theprofessions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the nationaleconomy, cultural or educational interests, or welfare of theUnited States, and whose servicesin the sciences, arts, professions, or business are sought by an employer in theUnited States.
Subject to clause (ii), theAttorney General may, when theAttorney General deems it to be in the nationalinterest, waive the requirements of subparagraph (A) that an alien’s servicesin the sciences, arts, professions, or business be sought by an employer in the United States.
Nopermanent resident visa may be issued to an alienphysician described in subclause (I) by the Secretary of Stateundersection 1154(b) of this title, and the Attorney Generalmay not adjust the status of such an alienphysician from that of a nonimmigrant aliento that of a permanentresident alienundersection 1255 of this title, until such time as the alienhas worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an aliendescribed insection 1101(a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Servicesas having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary ofVeterans Affairs.
Nothing in this subparagraph may be construed to prevent the filing of a petition with theAttorney General for classification undersection 1154(a) of this title, or the filing of an application for adjustment of status undersection 1255 of this title, by an alienphysician described in subclause (I) prior to the date by which such alienphysician has completed the servicedescribed in subclause (II).
The requirements of this subsection do not affect waivers on behalf ofalien physicians approved under subsection (b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) prior toNovember 1, 1998, the Attorney Generalshall grant a nationalinterest waiver pursuant to subsection (b)(2)(B) except that the alienis required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an aliendescribed insection 1101(a)(15)(J) of this title) before a visa can be issued to the alienundersection 1154(b) of this title or the status of the alienis adjusted to permanentresident undersection 1255 of this title.
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particularprofession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in theUnited States.
Qualified immigrants who hold baccalaureate degrees and who are members of theprofessions.
Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in theUnited States.
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
Animmigrant visa may not be issued to an immigrant under subparagraph (A) until theconsular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions ofsection 1182(a)(5)(A) of this title.
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualifiedspecial immigrants described insection 1101(a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrantsdescribed in subclause (II) or (III) ofsection 1101(a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described insection 1101(a)(27)(M) of this title.
In making a designation under subclause (I), theSecretary of Homeland Security may include a census tract directly adjacent to a census tract or contiguous census tracts described in that subclause.
An immigrant investor who has invested the amount ofcapital required by subparagraph (C) in atargeted employment area designated as a high unemployment area during the period in which the area is so designated shall not be required to increase the amount of investment due to the expiration of the designation.
TheSecretary of Homeland Security shall determine whether a specific capitalinvestment project meets the definition of“infrastructure project” set forth in subparagraph (D)(iv).
Except as otherwise provided in this subparagraph, the amount ofcapital required under subparagraph (A) shall be $1,050,000.
The amount ofcapital required under subparagraph (A) for an investment in atargeted employment area or in an infrastructure projectshall be $800,000.
The term “affiliated job-creating entity” means any job-creating entitythat is controlled, managed, or owned by any of the people involved with the regional center or new commercial enterpriseunder subsection (b)(5)(H)(v).
The term “certifier” means a person in a position of substantive authority for the management or operations of a regional center,new commercial enterprise,affiliated job-creating entity, or issuer of securities, such as a principal executive officer or principal financial officer, with knowledge of such entities’ policies and procedures related to compliance with the requirements under this paragraph.
The term “infrastructure project” means a capitalinvestment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entitycontracting with a regional center ornew commercial enterprise to receive capitalinvestment under the regional center program described in subparagraph (E) from alieninvestors or thenew commercial enterprise as financing for maintaining, improving, or constructing a public works project.
The term “job-creating entity” means any organizationformed in the United Statesfor the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), corporation, limited liability company, business trust, or other entity, which may be publicly or privately owned, including an entity consisting of a holding company and its wholly owned subsidiaries or affiliates (provided that each subsidiary or affiliate is engaged in an activity formed for the ongoing conduct of a lawful business) that receives, or is established to receive, capitalinvestment from alieninvestors or anew commercial enterprise under the regional center program described in this subparagraph and which is responsible for creating jobs to satisfy the requirement under subparagraph (A)(ii).
The term “new commercial enterprise” means any for-profit organizationformed in the United Statesfor the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business), joint venture, corporation, business trust, limited liability company, or other entity (which may be publicly or privately owned) that receives, or is established to receive, capitalinvestment from investors under this paragraph.
The term “rural area” means any area other than an area within a metropolitan statistical area (as designated by the Director of theOffice of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
The term “targeted employment area” means, at the time of investment, a rural areaor an area designated by theSecretary of Homeland Security under subparagraph (B)(ii) as a high unemployment area.
Visas under this subparagraph shall be made available throughSeptember 30, 2027, to qualified immigrants (and the eligible spouses and children of such immigrants) pooling their investments with 1 or more qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by theSecretary of Homeland Security on the basis of a proposal for the promotion of economic growth, including prospective job creation and increased domestic capitalinvestment.
TheSecretary of Homeland Security shall permit aliensseeking admission under this subparagraph to satisfy only up to 90 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph. An employee of the new commercial enterpriseor job-creating entitymay be considered to hold a job that has been directly created.
If the jobs estimated to be created are created by construction activity lasting less than 2 years, the Secretary shall permitaliens seeking admission under this subparagraph to satisfy only up to 75 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.
In determining compliance with the job creation requirement under subparagraph (A)(ii), theSecretary of Homeland Security may include jobs estimated to be created under a methodology that attributes jobs to prospective tenants occupying commercial real estate created or improved by capitalinvestments if the number of such jobs estimated to be created has been determined by an economically and statistically valid methodology and such jobs are not existing jobs that have been relocated.
TheSecretary of Homeland Security shall prescribe regulations to ensure that alieninvestor capitalmay not be utilized, by a new commercial enterpriseor otherwise, to purchase municipal bonds or any other bonds, if such bonds are available to the general public, either as part of a primary offering or from a secondary market.
If the number of direct jobs estimated to be created has been determined by an economically and statistically valid methodology, and such direct jobs are created by construction activity lasting less than 2 years, the number of such jobs that may be considered direct jobs for purposes of clause (iv) shall be calculated by multiplying the total number of such jobs estimated to be created by the fraction of the 2-year period that the construction activity lasts.
The Secretary shall audit each regional center not less frequently than once every 5 years. Each such audit shall include a review of any documentation required to be maintained under subclause (I) for the preceding 5 years and a review of the flow ofalien investorcapital into anycapital investment project. To the extent multiple regional centers are located at a single site, the Secretary may audit multiple regional centers in a single site visit.
TheSecretary of Homeland Security may establish procedures by which a regional center may seek approval of an amendment to an approved application under this subparagraph that reflects changes specified by the Secretary to any information, documents, or other aspects of the investment offering described in such approved application not later than 30 days after any such changes.
TheSecretary of Homeland Security shall terminate the designation of a regional center if the Secretary determines that a new commercial enterprisehas violated any of the requirements under subclause (I) in the redeployment of funds invested in such regional center.
Not later than 30 days after a request from analien investor, a regional center shall make available to suchalien investor a copy of the filed annual statement and any amendments filed to such statement, which shall be redacted to exclude any information unrelated to suchalien investor or thenew commercial enterprise or job creating entity into which the alieninvestor invested.
No agency, official, or other similar entity orrepresentative of a foreign government entity may providecapital to, or be directly or indirectly involved with the ownership or administration of, a regional center, anew commercial enterprise, or a job-creating entity, except that a foreign or domestic investment fund or other investment vehicle that is wholly or partially owned, directly or indirectly, by a bona fide foreign sovereign wealth fund or a foreign state-owned enterprise otherwise permitted to do business in the United Statesmay be involved with the ownership, but not the administration, of a job-creating entitythat is not anaffiliated job-creating entity.
The Secretary’s authorized sanctions under subclause (I) shall be limited to entities that have engaged in any activity described in subclause (I).
The Secretary, after performing the criminal record checks and other background checks described in clause (iii), shall notify a regional center,new commercial enterprise, or job-creating entitywhether any person involved with such entities is not in compliance with clause (i) or (ii), unless the information that provides the basis for the determination is classified or disclosure is otherwise prohibited under law.
If the regional center,new commercial enterprise, or job-creating entityfails to discontinue the prohibited person’s involvement with the regional center,new commercial enterprise, or job-creating entity, as applicable, within 30 days after receiving such notification, such entity shall be deemed to have knowledge under subclause (I)(aa) that the involvement of such person with the entity is in violation of clause (i) or (ii).
For the purposes of this paragraph, unless otherwise determined by theSecretary of Homeland Security, a person is involved with a regional center, a new commercial enterprise, any affiliated job-creating entity, as applicable, if the person is, directly or indirectly, in a position of substantive authority to make operational or managerial decisions over pooling, securitization, investment, release, acceptance, or control or use of any funding that was procured under the program described in subparagraph (E). An individual may be in a position of substantive authority if the person serves as a principal, a representative, an administrator, an owner, an officer, a board member, a manager, an executive, a general partner, a fiduciary, an agent, or in a similar position at the regional center, new commercial enterprise, or job-creating entity, respectively.
TheUnited States has jurisdiction, including subject matter jurisdiction, over the purchase or sale of any security offered or sold, or any investment advice provided, by any regional center or any party associated with a regional center for purposes of the securities laws.
For purposes of section 5 of theSecurities Act of 1933 (15 U.S.C. 77e), a regional center or any party associated with a regional center is not precluded from offering or selling a security pursuant to Regulation S (17 C.F.R. 230.901 et seq.) to the extent that such offering or selling otherwise complies with that regulation.
There is established in theUnited States Treasury a special fund, which shall be known as the “EB–5 Integrity Fund” (referred to in this subparagraph as the “Fund”). Amounts deposited into the Fund shall be available to theSecretary of Homeland Security until expended for the purposes set forth in clause (iii).
Beginning onOctober 1, 2022, the Secretary shall collect a fee of $1,000 for the Fund with each petition filed undersection 1154(a)(1)(H) of this title for classification under subparagraph (E). The fee under this subclause is in addition to the fee that the Secretary is authorized to establish and collect for each petition to recover the costs of adjudication and naturalizationservices undersection 1356(m) of this title.
If the Secretary determines that a direct or third-party promoter has violated clause (i), the Secretary shall suspend or permanently bar such individual from participation in the program described in subparagraph (E).
Each regional center,new commercial enterprise, andaffiliated job-creating entity shall maintain a written agreement between or among such entities and each direct or third-party promoter operating on behalf of such entities that outlines the rules and standards prescribed under clause (i).
Each petition filed undersection 1154(a)(1)(H) of this title shall include a disclosure, signed by the investor, that reflects all fees, ongoing interest, and other compensation paid to any person that the regional center or new commercial enterpriseknows has received, or will receive, in connection with the investment, including compensation to agents, finders, or broker dealers involved in the offering, to the extent not already specifically identified in the business plan filed under subparagraph (F).
The Secretary shall permit a petition described in clause (i)(I) to be amended to allow such petition to meet the applicable eligibility requirements under clause (ii), or to notify the Secretary that a pending or approved petition continues to meet the eligibility requirements described in clause (ii) notwithstanding termination or debarment described in clause (i) if such amendment is filed not later than 180 days after the Secretary provides notification of termination or debarment of a regional center, anew commercial enterprise, or a job-creating entity, as applicable.
Aliens described in subclauses (I)(bb) and (II) of clause (ii) shall be eligible to have their conditions removed pursuant tosection 1186b of this title beginning on the date that is 2 years after the date of the subsequent investment.
TheSecretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in clause (ii), if the Secretary determines, in the Secretary’s discretion, that the approval of such petition, application, or benefit is contrary to the nationalinterest of the United Statesfor reasons relating to threats to public safety or nationalsecurity.
If a regional center,new commercial enterprise, or job-creating entityhas its designation or participation in the program under this paragraph terminated for reasons relating to public safety or nationalsecurity, any person associated with such regional center,new commercial enterprise, or job-creating entity, including an alieninvestor, shall be permanently barred from future participation in the program under this paragraph if theSecretary of Homeland Security, in the Secretary’s discretion, determines, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination.
Notwithstanding any other provision of law (statutory or nonstatutory), includingsection 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a denial or revocation under this subparagraph. Nothing in this clause may be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance withsection 1252 of this title.
Subject to subparagraph (M), theSecretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in subparagraph (N)(ii), if the Secretary determines, in the Secretary’s discretion, that such petition, application, or benefit was predicated on or involved fraud, deceit, intentional material misrepresentation, or criminal misuse.
If a regional center,new commercial enterprise, or job-creating entityhas its designation or participation in the program under this paragraph terminated for reasons relating to fraud, intentional material misrepresentation, or criminal misuse, any person associated with such regional center,new commercial enterprise, or job-creating entity, including an alieninvestor, shall be permanently barred from future participation in the program if the Secretary determines, in the Secretary’s discretion, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination.
Subject to subparagraph (N)(v) andsection 1252(a)(2) of this title, and notwithstanding any other provision of law (statutory or nonstatutory), includingsection 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a determination under this paragraph until the regional center, its associated entities, or the alieninvestor has exhausted all administrative appeals.
Eachnew commercial enterprise shall deposit and maintain the capitalinvestment of each alieninvestor in a separate account, including amounts held in escrow.
TheSecretary of Homeland Security, after consultation with theSecurities and Exchange Commission, may waive the requirements under clause (iv) for any new commercial enterpriseor affiliated job-creating entitythat is controlled by or under common control of an investment adviser or broker-dealer that is registered with theSecurities and Exchange Commission if the Secretary, in the Secretary’s discretion, determines that theSecurities and Exchange Commission provides comparable protections and transparency for alieninvestors as the protections and transparency provided under clause (iv).
TheSecretary of Homeland Security shall waive the requirements under clause (iv) for any new commercial enterprisethat commissions an annual independent financial audit of such new commercial enterpriseor job creating entity conducted in accordance with Generally Accepted Auditing Standards, which audit shall be provided to the Secretary and all investors in the new commercial enterprise.
Any petition filed by analien undersection 1154(a)(1)(H) of this title may not be approved under this paragraph unless theSecretary of Homeland Security has searched for the alienand any associated employer of such alienon the Specially Designated NationalsList of theDepartment of the Treasury Office of Foreign Assets Control.
Subject to subparagraph (B), the number ofimmigrant visas made available tospecial immigrants undersection 1101(a)(27)(K) of this title in a fiscal year shall not be subject to the numerical limitations of this subsection or ofsection 1152(a) of this title.
The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by ⅓ of the number of visas made available in the previous fiscal year tospecial immigrants described insection 1101(a)(27)(K) of this title.
The number of visas made available in each fiscal year to natives of aforeign state undersection 1152(a) of this title shall be reduced by the number of visas made available in the previous fiscal year to special immigrantsdescribed insection 1101(a)(27)(K) of this title who are natives of the foreign state.
In the case of aforeign state subject tosection 1152(e) of this title in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by ⅓ of the number of visas made available in the previous fiscal year to special immigrantsdescribed insection 1101(a)(27)(K) of this title who are natives of the foreign state.
TheAttorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of alienswho are natives of each foreign stateand who (i) were admitted or otherwise provided lawful permanentresident status (other than under this subsection) and (ii) were subject to the numerical limitations ofsection 1151(a) of this title (other than paragraph (3) thereof) or who were admitted or otherwise provided lawful permanentresident status as an immediate relative or other aliendescribed insection 1151(b)(2) of this title.
TheAttorney General shall determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign statesin high-admission regions.
The percentage of visas made available under this paragraph to natives of a high-admissionstate is 0.
If the Secretary ofState estimates that the number ofimmigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number ofimmigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii).
The percentage of visas made available under this paragraph to natives of any singleforeign state for any fiscal year shall not exceed 7 percent.
The Secretary ofState shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection.
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) ofsection 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
In the case of anyalien claiming in his application for animmigrant visa to be described insection 1151(b)(2) of this title or in subsection (a), (b), or (c) of this section, the consular officershall not grant such status until he has been authorized to do so as provided bysection 1154 of this title.
For purposes of carrying out the Secretary’s responsibilities in the orderly administration of this section, the Secretary ofState may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary ofState shall terminate the registration of any alienwho fails to apply for animmigrant visa within one year following notification to the alienof the availability of such visa, but the Secretary shall reinstate the registration of any such alienwho establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien’s control.
If the age of analien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), thealien’s petition shall automatically be converted to the appropriate category and thealien shall retain the original priority date issued upon receipt of the original petition.
Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.
Analien who has reached 21 years of age and has been admitted under subsection (d) as a lawfulpermanent resident on a conditional basis as the child of an alienlawfully admitted for permanent residence under subsection (b)(5), whose lawful permanentresident status on a conditional basis is terminated undersection 1186b of this title or subsection (b)(5)(M), shall continue to be considered a child of the principal alienfor the purpose of a subsequent immigrant petition by such alienunder subsection (b)(5) if the alienremains unmarriedand the subsequent petition is filed by the principal aliennot later than 1 year after the termination of conditional lawful permanentresident status. No alienshall be considered a child under this paragraph with respect to more than 1 petition filed after the alienreaches 21 years of age.
The enactment date of this subsection, referred to in subsec. (b)(2)(B)(ii)(IV), probably means the date of enactment ofPub. L. 106–95, which amended subsec. (b)(2)(B) of this section generally, and which was approvedNov. 12, 1999.
TheSecurities Act of 1933, referred to in subsec. (b)(5)(F)(i)(III), is title I of act May 27, 1933, ch. 38,48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, seesection 77a of Title 15 and Tables.
This chapter, referred to in subsec. (b)(5)(F)(v)(I)(bb), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as 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.
2022—Subsec. (b)(5)(A)(i).Pub. L. 117–103, § 102(a)(1)(A), substituted “(C) and which is expected to remain invested for not less than 2 years; and” for “(C), and”.
Subsec. (b)(5)(A)(ii).Pub. L. 117–103, § 102(a)(1)(B), substituted “by creating” for “and create” and inserted “, United Statesnationals,” after “citizens”.
Subsec. (b)(5)(B).Pub. L. 117–103, § 102(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to set-aside for targeted employment areas.
Subsec. (b)(5)(C)(i).Pub. L. 117–103, § 102(a)(3)(A), substituted “$1,050,000” for “$1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence”.
Subsec. (b)(5)(C)(ii).Pub. L. 117–103, § 102(a)(3)(B), amended cl. (ii) generally. Prior to amendment, text read as follows: “The Attorney Generalmay, in the case of investment made in a targeted employment area, specify an amount of capitalrequired under subparagraph (A) that is less than (but not less than ½ of) the amount specified in clause (i).”
Subsec. (b)(5)(C)(iii).Pub. L. 117–103, § 102(a)(3)(D), added cl. (iii). Former cl. (iii) redesignated (iv).
Subsec. (b)(5)(C)(iv).Pub. L. 117–103, § 102(a)(3)(C), (E), redesignated cl. (iii) as (iv) and, in concluding provisions, substituted “Secretary of Homeland Security” for“Attorney General” and inserted “, as adjusted under clause (iii)” before period at end.
Subsec. (b)(5)(D).Pub. L. 117–103, § 102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) defined “full-time employment”.
Subsec. (b)(5)(E) to (Q).Pub. L. 117–103, § 103(b)(1), added subpars. (E) to (Q).
Subsec. (b)(5)(R).Pub. L. 117–103, § 103(c)(1), added subpar. (R).
Subsec. (b)(5)(S).Pub. L. 117–103, § 108, added subpar. (S).
Subsec. (h)(5).Pub. L. 117–103, § 102(b), added par. (5).
2006—Subsec. (h)(4).Pub. L. 109–162 added par. (4).
2002—Subsec. (b)(5)(A).Pub. L. 107–273, § 11036(a)(1)(A), substituted “enterprise (including a limited partnership)—” for “enterprise—” in introductory provisions.
Subsec. (b)(5)(A)(i) to (iii).Pub. L. 107–273, § 11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “which the alienhas established,”.
Subsec. (b)(5)(B)(i).Pub. L. 107–273, § 11036(a)(2), substituted “invest in” for “establish”.
Subsec. (b)(5)(D).Pub. L. 107–273, § 11035, added subpar. (D).
Subsec. (h).Pub. L. 107–208 added subsec. (h).
2000—Subsec. (b)(4).Pub. L. 106–536 inserted before period at end “, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described insection 1101(a)(27)(M) of this title”.
1999—Subsec. (b)(2)(B).Pub. L. 106–95 andPub. L. 106–113 amended subpar. (B) generally in substantially identical manner.Pub. L. 106–95 provided headings. Text is based onPub. L. 106–113. Prior to amendment, text read as follows: “The Attorney Generalmay, when he deems it to be in the nationalinterest, waive the requirement of subparagraph (A) that an alien’s servicesin the sciences, arts, professions, or business be sought by an employer in the United States.”
1994—Subsec. (b)(5)(B), (C).Pub. L. 103–416, § 219(c), substituted “Targeted” and “targeted” for “Targetted” and “targetted”, respectively, wherever appearing in headings and text.
Subsec. (b)(6)(C).Pub. L. 103–416, § 212(b), struck out subpar. (C) which related to application of separate numerical limitations.
1991—Subsec. (b)(1).Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(1)(C).Pub. L. 102–232, § 302(b)(2)(B), substituted “the alienseeks” for “who seeks”.
Subsec. (b)(2)(A).Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(2)(B).Pub. L. 102–232, § 302(b)(2)(D), inserted“professions,” after “arts,”.
Subsec. (b)(3)(A).Pub. L. 102–232, § 302(b)(2)(A), substituted “28.6 percent of such worldwide level” for “40,000”.
Subsec. (b)(4), (5)(A).Pub. L. 102–232, § 302(b)(2)(C), substituted “7.1 percent of such worldwide level” for “10,000”.
Subsec. (b)(6).Pub. L. 102–110 added par. (6).
Subsec. (f).Pub. L. 102–232, § 302(e)(3), substituted “Authorization for issuance” for “Presumption” in heading, struck out at beginning “Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section,section 1101(a)(27) of this title, orsection 1151(b)(2) of this title, until the immigrant establishes to the satisfaction of the consular officerand the immigration officerthat the immigrant is so described.”, and substituted “1151(b)(2) of this title or in subsection (a), (b), or (c)” for “1151(b)(1) of this title or in subsection (a) or (b)”.
1990—Subsec. (a).Pub. L. 101–649, § 111(2), added subsec. (a) and struck out former subsec. (a) which related to allocation of visas of alienssubject to section 1151(a) limitations.
Subsec. (a)(7).Pub. L. 101–649, § 603(a)(3), substituted “section 1182(a)(5) of this title” for “section 1182(a)(14) of this title”.
Subsec. (b).Pub. L. 101–649, §§ 111(1), 121(a), added subsec. (b) and redesignated former subsec. (b) as (d).
Subsec. (c).Pub. L. 101–649, §§ 111(1), 131, added subsec. (c) and redesignated former subsec. (c) as (e).
Subsec. (d).Pub. L. 101–649, § 162(a)(1), added subsec. (d) and struck out former subsec. (d) which related to order of consideration given applications for immigrant visas.
Pub. L. 101–649, § 111(1), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (f).
Subsec. (e).Pub. L. 101–649, § 162(a)(1), added subsec. (e) and struck out former subsec. (e) which related to order of issuance of immigrant visas.
Pub. L. 101–649, § 111(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g).
Subsec. (f).Pub. L. 101–649, § 162(a)(1), added subsec. (f) and struck out former subsec. (f) which related to presumption of nonpreference status and grant of status by consular officers.
Pub. L. 101–649, § 111(1), redesignated subsec. (d) as (f).
Subsec. (g).Pub. L. 101–649, § 162(a)(1), added subsec. (g) and struck out former subsec. (g) which related to estimates of anticipated numbers of visas to be issued, termination and reinstatement of registration of aliens, and revocation of approval of petition.
Pub. L. 101–649, § 111(1), redesignated subsec. (e) as (g).
1980—Subsec. (a).Pub. L. 96–212, § 203(c)(1)–(6), in introductory text struck out applicability to conditional entry, in par. (2) substituted “(26)” for “(20)”, struck out par. (7) relating to availability of conditional entries, redesignated former par. (8) as (7) and struck out applicability to number of conditional entries and visas available under former par. (7), and redesignated former par. (9) as (8) and substituted provisions relating to applicability of pars. (1) to (7) to visas, for provisions relating to applicability of pars. (1) to (8) to conditional entries.
Subsec. (d).Pub. L. 96–212, § 203(c)(7), substituted “preference status under paragraphs (1) through (6)” for “preference status under paragraphs (1) through (7)”.
Subsec. (f).Pub. L. 96–212, § 203(c)(8), struck out subsec. (f) which related to reports toCongress of refugeesconditionally entering the United States.
Subsec. (g).Pub. L. 96–212, § 203(c)(8), struck out subsec. (g) which set forth provisions respecting inspection and examination of refugeesafter one year.
Pub. L. 96–212, § 203(i), substituted provisions relating to inspection and examination of refugeesafter one year for provisions relating to inspection and examination of refugeesafter two years.
Subsec. (h).Pub. L. 96–212, § 203(c)(8), struck out subsec. (h) which related to the retroactive readjustment of refugeestatus as an alien lawfully admitted for permanent residence.
1978—Subsec. (a)(1) to (7).Pub. L. 95–412 substituted “1151(a) of this title” for “1151(a)(1) or (2) of this title” wherever appearing.
Subsec. (a)(8).Pub. L. 95–417 inserted provisions requiring a valid adoption home-study prior to the granting of a nonpreference visa for children adopted abroad or coming for adoption by United Statescitizens and requiring that no other nonpreference visa be issued to an unmarriedchild under the age of 16 unless accompanying or following to join his natural parents.
1976—Subsec. (a).Pub. L. 94–571, § 4(1)–(3), substituted “section 1151(a)(1) or (2) of this title” for “section 1151(a)(ii) of this title” in pars. (1) to (7); made visas available, in par. (3), to qualified immigrants whose servicesin the professions, sciences, or arts are sought by an employer in the United States; and required, in par. (5), that the United Statescitizens be at least twenty-one years of age.
Subsec. (e).Pub. L. 94–571, § 4(4), substituted provision requiring Secretary of Stateto terminate the registration of an alienwho fails to apply for an immigrant visawithin one year following notification of the availability of such visa, including provision for reinstatement of a registration upon establishment within two years following the notification that the failure to apply was due to circumstances beyond the alien’s control for prior provision for discretionary termination of the registration on a waiting list of an alienfailing to evidence continued intention to apply for a visa as prescribed by regulation and inserted provision for automatic revocation of approval of a petition approved undersection 1154(b) of this title upon such termination.
1965—Subsec. (a).Pub. L. 89–236 substituted provisions setting up preference priorities and percentage allocations of the total numerical limitation for the admission of qualified immigrants, consisting of unmarriedsons or daughters of U.S. citizens (20 percent), husbands, wives, and unmarriedsons or daughters of alienresidents (20 percent plus any unused portion of class 1), members of professions, scientists, and artists (10 percent), married sons or daughters of U.S. citizens (10 percent plus any unused portions of classes 1–3), brothers or sisters of U.S. citizens (24 percent plus any unused portions of classes 1 through 4), skilled or unskilled persons capable of filling labor shortages in the United States(10 percent), refugees(6 percent), otherwise qualified immigrants (portion not used by classes 1 through 7), and allowing a spouse or child to be given the same status and order of consideration as the spouse or parent, for provisions spelling out the preferences under the quotas based on the previous nationalorigins quota systems.
Subsec. (b).Pub. L. 89–236 substituted provisions requiring that consideration be given applications for immigrant visasin the order in which the classes of which they are members are listed in subsec. (a), for provisions allowing issuance of quota immigrant visasunder the previous nationalorigins quota system in the order of filing in the first calendar month after receipt of notice of approval for which a quota number was available.
Subsec. (c).Pub. L. 89–236 substituted provisions requiring issuance of immigrant visaspursuant to paragraphs (1) through (6) of subsection (a) of this section in the order of filing of the petitions therefor with the Attorney General, for provisions which related to issuance of quota immigrant visasin designated classes in the order of registration in each class on quota waiting lists.
Subsec. (d).Pub. L. 89–236 substituted provisions requiring each immigrant to establish his preference as claimed and prohibiting consular officersfrom granting status of immediate relative of a United Statescitizen or preference until authorized to do so, for provisions spelling out the order for consideration of applications for quota immigrant visasunder the various prior classes.
Subsec. (e).Pub. L. 89–236 substituted provisions authorizing Secretary of Stateto make estimates of anticipated members of visas issued and to terminate the waiting-list registration of any registrant failing to evidence a continued intention to apply for a visa, for provisions establishing a presumption of quota status for immigrants and requiring the immigrant to establish any claim to a preference.
Subsecs. (f) to (h).Pub. L. 89–236 added subsecs. (f) to (h).
1959—Subsec. (a)(2).Pub. L. 86–363, § 1, accorded adult unmarriedsons or daughters of United Statescitizens second preference in the allocation of immigrant visaswithin quotas.
Subsec. (a)(3).Pub. L. 86–363, § 2, substituted“unmarriedsons or daughters” for “children”.
Subsec. (a)(4).Pub. L. 86–363, § 3, substituted “married sons or married daughters” for “sons, or daughters”, increased percentage limitation from 25 to 50 per centum, and made preference available to spouses and children of qualified quota immigrants if accompanying them.
1957—Subsec. (a)(1).Pub. L. 85–316 substituted “or following to join him” for “him”.
Pub. L. 117–103, div. BB, § 102(e),Mar. 15, 2022,136 Stat. 1075, provided that:
Pub. L. 117–103, div. BB, § 103(b)(2),Mar. 15, 2022,136 Stat. 1100, provided that:
Pub. L. 117–103, div. BB, § 103(c)(2),Mar. 15, 2022,136 Stat. 1100, provided that:
Pub. L. 107–273, div. C, title I, § 11036(c),Nov. 2, 2002,116 Stat. 1847, provided that:
Amendment byPub. L. 107–208 effectiveAug. 6, 2002, and applicable to certain beneficiary aliens, seesection 8 of Pub. L. 107–208, set out as a note undersection 1151 of this title.
Pub. L. 106–536, § 1(b)(2),Nov. 22, 2000,114 Stat. 2561, provided that:
Amendment bysection 219(c) of Pub. L. 103–416 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 219(dd) of Pub. L. 103–416, set out as a note undersection 1101 of this title.
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. 102–110 effective 60 days afterOct. 1, 1991, seesection 2(d) of Pub. L. 102–110, set out as a note undersection 1101 of this title.
Amendment by sections 111, 121(a), 131, 162(a)(1) ofPub. L. 101–649 effectiveOct. 1, 1991, and applicable beginning with fiscal year 1992, with general transition provisions, see section 161(a), (c) ofPub. L. 101–649, set out as a note undersection 1101 of this title.
Amendment bysection 603(a)(3) of Pub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.
Amendment bysection 203(c) of Pub. L. 96–212 effective, except as otherwise provided,Apr. 1, 1980, and amendment bysection 203(i) of Pub. L. 96–212 effective immediately beforeApr. 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.
For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.
Pub. L. 118–31, div. E, title LI, § 5104(a), (b), (d),Dec. 22, 2023,137 Stat. 938, 939, provided that:
Pub. L. 117–103, div. BB, § 102(c),Mar. 15, 2022,136 Stat. 1075, provided that:
Pub. L. 117–103, div. BB, § 105(c),Mar. 15, 2022,136 Stat. 1103, provided that:
Pub. L. 117–103, div. BB, § 106,Mar. 15, 2022,136 Stat. 1103, provided that:
Pub. L. 108–156, § 5,Dec. 3, 2003,117 Stat. 1945, as amended byPub. L. 108–271, § 8(b),July 7, 2004,118 Stat. 814, provided that:
Pub. L. 106–313, title I, § 106(d),Oct. 17, 2000,114 Stat. 1254, as amended byPub. L. 109–13, div. B, title V, § 502,May 11, 2005,119 Stat. 322, provided that:
Pub. L. 105–100, title II, § 203(e),Nov. 19, 1997,111 Stat. 2199, as amended byPub. L. 105–139, § 1(e),Dec. 2, 1997,111 Stat. 2645, provided that:
Pub. L. 104–208, div. C, title VI, § 636,Sept. 30, 1996,110 Stat. 3009–703, as amended byPub. L. 115–31, div. J, title VII, § 7081(d),May 5, 2017,131 Stat. 716, provided that:
Pub. L. 104–208, div. C, title VI, § 637,Sept. 30, 1996,110 Stat. 3009–704, provided that:
Pub. L. 107–228, div. B, title XIII, § 1304(d),Sept. 30, 2002,116 Stat. 1437, provided that:
[For definition of “Secretary” as used insection 1304(d) of Pub. L. 107–228, set out above, seesection 3 of Pub. L. 107–228, set out as a note undersection 2651 of Title 22, Foreign Relations and Intercourse.]
Pub. L. 102–509,Oct. 24, 1992,106 Stat. 3316, as amended byPub. L. 107–228, div. B, title XIII, § 1304(a)–(c),Sept. 30, 2002,116 Stat. 1436, 1437, provided that:
“The requirement in section 203(b)(2)(A) of theImmigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien’s servicesin the sciences, arts, or business be sought by an employer in the United Statesshall not apply to any eligible independent statesor Baltic scientist who is applying for admission to the United Statesfor permanentresidence in accordance with that section.
Pub. L. 102–395, title VI, § 610,Oct. 6, 1992,106 Stat. 1874, as amended byPub. L. 105–119, title I, § 116(a),Nov. 26, 1997,111 Stat. 2467;Pub. L. 106–396, § 402,Oct. 30, 2000,114 Stat. 1647;Pub. L. 107–273, div. C, title I, § 11037(a),Nov. 2, 2002,116 Stat. 1847;Pub. L. 108–156, § 4,Dec. 3, 2003,117 Stat. 1945;Pub. L. 111–83, title V, § 548,Oct. 28, 2009,123 Stat. 2177;Pub. L. 112–176, § 1,Sept. 28, 2012,126 Stat. 1325, which related to an immigration program to implement section 203(b)(5) of theImmigration and Nationality Act (8 U.S.C. 1153(b)(5)), was repealed byPub. L. 117–103, div. BB, § 103(a),Mar. 15, 2022,136 Stat. 1075.
Pub. L. 101–649, title I, § 112,Nov. 29, 1990,104 Stat. 4987, as amended byPub. L. 102–232, title III, § 302(b)(1),Dec. 12, 1991,105 Stat. 1743, provided that:
Pub. L. 101–649, title I, § 124,Nov. 29, 1990,104 Stat. 4996, as amended byPub. L. 102–232, title III, § 302(b)(5),Dec. 12, 1991,105 Stat. 1743, provided that:
[Section 124 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.]
Pub. L. 103–416, title II, § 217(b),Oct. 25, 1994,108 Stat. 4315, provided that:
Pub. L. 101–649, title I, § 132,Nov. 29, 1990,104 Stat. 5000, as amended byPub. L. 102–232, title III, § 302(b)(6),Dec. 12, 1991,105 Stat. 1743;Pub. L. 103–416, title II, § 217(a),Oct. 25, 1994,108 Stat. 4315, provided that:
[Pub. L. 102–232, title III, § 302(b)(6)(C),Dec. 12, 1991,105 Stat. 1743, provided that the amendment made by section 302(b)(6)(C) tosection 132(b)(1) of Pub. L. 101–649, set out above, is effective after fiscal year 1992.]
[Pub. L. 102–232, title III, § 302(b)(6)(D)(i),Dec. 12, 1991,105 Stat. 1743, provided that the amendment made by section 302(b)(6)(D)(i) tosection 132(c) of Pub. L. 101–649, set out above, is effective beginning with fiscal year 1993.]
Pub. L. 101–649, title I, § 133,Nov. 29, 1990,104 Stat. 5000, provided that, notwithstanding numerical limitations in sections 1151 and 1152 of this title, there were to be made available in fiscal year 1991, immigrant visanumbers for qualified immigrants who were notified by Secretary of StatebeforeMay 1, 1990, of their selection for issuance of visa undersection 314 of Pub. L. 99–603, formerly set out as a note below, and were qualified for issuance of such visa but for numerical and fiscal year limitations on issuance of such visas, formersection 1182(a)(19) of this title orsection 1182(e) of this title, or fact that immigrant was a national, but not a native, of foreign statedescribed insection 314 of Pub. L. 99–603.
Pub. L. 101–649, title I, § 134,Nov. 29, 1990,104 Stat. 5001, as amended byPub. L. 102–232, title III, § 302(b)(7),Dec. 12, 1991,105 Stat. 1744, provided that, notwithstanding numerical limitations in sections 1151 and 1152 of this title, there were to be made available to qualified displaced Tibetans who were natives of Tibet and had been continuously residing in India or Nepal sinceNov. 29, 1990, 1,000 immigrant visasin the 3-fiscal-year period beginning with fiscal year 1991.
Pub. L. 101–649, title I, § 155,Nov. 29, 1990,104 Stat. 5007, as amended byPub. L. 102–232, title III, § 302(d)(5),Dec. 12, 1991,105 Stat. 1745, provided that:
[Section 155 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.]
Pub. L. 101–649, title I, § 162(a)(2),Nov. 29, 1990,104 Stat. 5010, provided that:
Pub. L. 100–658, § 3,Nov. 15, 1988,102 Stat. 3908, provided that, notwithstanding numerical limitations insection 1151(a) of this title, but subject to numerical limitations insection 1152 of this title, there were to be made available to qualified immigrants who were natives of underrepresented countries, 10,000 visa numbers in each of fiscal years 1990 and 1991.
Pub. L. 99–603, title III, § 314,Nov. 6, 1986,100 Stat. 3439, as amended byPub. L. 100–658, § 2(a),Nov. 15, 1988,102 Stat. 3908, provided that, notwithstanding numerical limitations insection 1151(a) of this title, but subject to numerical limitations insection 1152 of this title, there were to be made available to qualified immigrants described insection 1153(a)(7) of this title, 5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000 visa numbers in each of fiscal years 1989 and 1990.
Pub. L. 96–212, title II, § 203(h),Mar. 17, 1980,94 Stat. 108, provided that:
For adjustment of the status ofrefugees paroled into theUnited States pursuant tosection 1182(d)(5) of this title, seesection 5 of Pub. L. 95–412, set out as a note undersection 1182 of this title.
Pub. L. 94–571, § 9,Oct. 20, 1976,90 Stat. 2707, provided that:
Pub. L. 87–885, § 1,Oct. 24, 1962,76 Stat. 1247, which provided that certain alienrelatives of United Statescitizens registered on a consular waiting list under priority date earlier thanMarch 31, 1954, and eligible for a quota immigrant status on a basis of a petition filed with the Attorney Generalprior toJanuary 1, 1962, and the spouse and children of such alien, be held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed byPub. L. 99–653, § 11,Nov. 14, 1986,100 Stat. 3657, as amended byPub. L. 100–525, § 8(j)(1),Oct. 24, 1988,102 Stat. 2617, eff.Nov. 14, 1986.
Pub. L. 87–885, § 2,Oct. 24, 1962,76 Stat. 1247, which provided that certain alienskilled specialists eligible for a quota immigrant status on the basis of a petition filed with the Attorney Generalprior toApril 1, 1962, be held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed byPub. L. 99–653, § 11,Nov. 14, 1986,100 Stat. 3657, as amended byPub. L. 100–525, § 8(j)(1),Oct. 24, 1988,102 Stat. 2617, eff.Nov. 14, 1986.
Pub. L. 87–301, § 25,Sept. 26, 1961,75 Stat. 657, as amended byPub. L. 99–653, § 11,Nov. 14, 1986,100 Stat. 3657;Pub. L. 100–525, § 8(j)(2),Oct. 24, 1988,102 Stat. 2617, provided that:
[Pub. L. 99–653, § 23(c), as added byPub. L. 100–525, § 8(r),Oct. 24, 1988,102 Stat. 2619, provided that:
Pub. L. 86–363, § 4,Sept. 22, 1959,73 Stat. 644, providing that an alienregistered on a consular waiting list was eligible for quota immigrant status on basis of a petition approved prior toJan. 1, 1959, along with the spouse and children of such alien, was repealed byPub. L. 87–301, § 24(a)(7),Sept. 26, 1961.
[Repeal ofsection 4 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately followingSept. 26, 1961, seesection 24(b) of Pub. L. 87–301, set out as a note under formersection 1255a of this title.]
Pub. L. 86–363, § 5(c),Sept. 22, 1959,73 Stat. 645, provided that aliensgranted a preference pursuant to petitions approved by the Attorney Generalon the ground that they were the adopted sons or adopted daughters of United Statescitizens were to remain in that status notwithstanding the provisions ofsection 1 of Pub. L. 86–363 (amending this section), unless they acquired a different immigrant status pursuant to a petition approved by the Attorney General.
Pub. L. 86–363, § 6,Sept. 22, 1959,73 Stat. 645, authorizing issuance of nonquota immigrant visasto alienseligible to enter for permanentresidence if the alienwas the beneficiary of a visa petition approved by the Attorney General, and such petition was filed by a person admitted under former section 1971 et seq., of the formerAppendix to Title 50, was repealed byPub. L. 87–301, § 24(a)(7),Sept. 26, 1961,75 Stat. 657.
[Repeal ofsection 6 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day immediately followingSept. 26, 1961, seesection 24(b) of Pub. L. 87–301, set out as a note under formersection 1255a of this title.]
Pub. L. 85–316, § 12,Sept. 11, 1957,71 Stat. 642, which provided that alienseligible for quota immigrant status on basis of a petition approved prior toJuly 1, 1957, would be held to be nonquota immigrants, and if otherwise admissible, be issued visas, was repealed byPub. L. 87–301, § 24(a)(5),Sept. 26, 1961,75 Stat. 657.
[Repeal ofsection 12 of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day immediately followingSept. 26, 1961, seesection 24(b) of Pub. L. 87–301, set out as a note under formersection 1255a of this title.]
Pub. L. 85–316, § 12A, as added byPub. L. 85–700, § 2,Aug. 21, 1958,72 Stat. 699, providing that alienseligible for quota immigrant status on basis of a petition approved prior toJuly 1, 1958, shall be held to be nonquota immigrants and issued visas, was repealed byPub. L. 87–301, § 24(a)(6),Sept. 26, 1961,75 Stat. 657.
[Repeal ofsection 12A of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day immediately followingSept. 26, 1961, seesection 24(b) of Pub. L. 87–301, set out as a note under formersection 1255a of this title.]