8 U.S.C. § 1152 : US Code - Section 1152: Numerical limitations on individual foreign states

Search 8 U.S.C. § 1152 : US Code - Section 1152: Numerical limitations on individual foreign states

(a) Per country level
(1) Nondiscrimination
(A) Except as specifically provided in paragraph (2) and in
sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title,
no person shall receive any preference or priority or be
discriminated against in the issuance of an immigrant visa
because of the person's race, sex, nationality, place of birth,
or place of residence.
(B) Nothing in this paragraph shall be construed to limit the
authority of the Secretary of State to determine the procedures
for the processing of immigrant visa applications or the
locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based
immigrants
Subject 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 section
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.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to
one or more foreign states or dependent areas, the total number
of visas available under both subsections (a) and (b) of section
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
states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children of lawful permanent
resident aliens
(A) 75 percent of 2nd preference set-aside for spouses and
children not subject to per country limitation
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 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).
(ii) "2-A floor" defined
In this paragraph, the term "2-A floor" means, for a fiscal
year, 77 percent of the total number of visas made available
under section 1153(a) of this title to immigrants described
in section 1153(a)(2) of this title in the fiscal year.
(B) Treatment of remaining 25 percent for countries subject to
subsection (e)
(i) In general
Of the visa numbers made available under section 1153(a) of
this title to immigrants described in section 1153(a)(2)(A)
of this title 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) of this section only
to the extent that the total number of visas issued in
accordance with subparagraph (A) to natives of the foreign
state or area is less than the subsection (e) ceiling (as
defined in clause (ii)).
(ii) "Subsection (e) ceiling" defined
In clause (i), the term "subsection (e) ceiling" means, for
a foreign state or dependent area, 77 percent of the maximum
number of visas that may be made available under section
1153(a) of this title to immigrants who are natives of the
state or area under section 1153(a)(2) of this title
consistent with subsection (e) of this section.
(C) Treatment of unmarried sons and daughters in countries
subject to subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, the number of immigrant
visas that may be made available to natives of the state or
area under section 1153(a)(2)(B) of this title may not exceed -

(i) 23 percent of the maximum number of visas that may be
made available under section 1153(a) of this title to
immigrants of the state or area described in section
1153(a)(2) of this title consistent with subsection (e) of
this section, or
(ii) the number (if any) by which the maximum number of
visas that may be made available under section 1153(a) of
this title to immigrants of the state or area described in
section 1153(a)(2) of this title consistent with subsection
(e) of this section exceeds the number of visas issued under
section 1153(a)(2)(A) of this title,
whichever is greater.
(D) Limiting pass down for certain countries subject to
subsection (e)
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, if the total number of
visas issued under section 1153(a)(2) of this title exceeds the
maximum number of visas that may be made available to
immigrants of the state or area under section 1153(a)(2) of
this title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying
paragraphs (3) and (4) of section 1153(a) of this title under
subsection (e)(2) of this section all visas shall be deemed to
have been required for the classes specified in paragraphs (1)
and (2) of such section.
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1),
(2), (3), (4), or (5) of section 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.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which
subsection (e) of this section applies, if the total number of
visas issued under section 1153(b) of this title exceeds the
maximum number of visas that may be made available to
immigrants of the state or area under section 1153(b) of this
title consistent with subsection (e) of this section
(determined without regard to this paragraph), in applying
subsection (e) of this section all visas shall be deemed to
have been required for the classes of aliens specified in
section 1153(b) of this title.
(b) 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) of this section when approved by the Secretary of State. All
other inhabited lands shall be attributed to a foreign state
specified by the Secretary of State. For the purposes of this
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) of this section for that fiscal year; (2) if an alien is
chargeable to a different foreign state from that of his spouse,
the foreign state to which such alien is chargeable may, if
necessary to prevent the separation of husband and wife, be
determined by the foreign state of the spouse he is accompanying or
following to join, if such spouse has received or would be
qualified for an immigrant visa and if immigration charged to the
foreign state to which such spouse has been or would be chargeable
has not reached a numerical level established under subsection
(a)(2) of this section for that fiscal year; (3) an alien born in
the United States shall be considered as having been born in the
country of which he is a citizen or subject, or, if he is not a
citizen or subject of any country, in the last foreign country in
which he had his residence as determined by the consular officer;
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.
(c) Chargeability for dependent areas
Any 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 section 1151(b) of this title, shall be
chargeable for the purpose of the limitation set forth in
subsection (a) of this section, to the foreign state.
(d) 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.
(e) Special rules for countries at ceiling
If it is determined that the total number of immigrant visas made
available under subsections (a) and (b) of section 1153 of this
title to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) of
this section in any fiscal year, in determining the allotment of
immigrant visa numbers to natives under subsections (a) and (b) of
section 1153 of this title, visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable
and otherwise consistent with this section and section 1153 of this
title) in a manner so that - 
(1) the ratio of the visa numbers made available under section
1153(a) of this title to the visa numbers made available under
section 1153(b) of this title is equal to the ratio of the
worldwide level of immigration under section 1151(c) of this
title to such level under section 1151(d) of this title;
(2) except as provided in subsection (a)(4) of this section,
the proportion of the visa numbers made available under each of
paragraphs (1) through (4) of section 1153(a) of this title is
equal to the ratio of the total number of visas made available
under the respective paragraph to the total number of visas made
available under section 1153(a) of this title, and
(3) except as provided in subsection (a)(5) of this section,
the proportion of the visa numbers made available under each of
paragraphs (1) through (5) of section 1153(b) of this title is
equal to the ratio of the total number of visas made available
under the respective paragraph to the total number of visas made
available under section 1153(b) of this title.
Nothing in this subsection shall be construed as limiting the
number of visas that may be issued to natives of a foreign state or
dependent area under section 1153(a) or 1153(b) of this title if
there is insufficient demand for visas for such natives under
section 1153(b) or 1153(a) of this title, respectively, or as
limiting the number of visas that may be issued under section
1153(a)(2)(A) of this title pursuant to subsection (a)(4)(A) of
this section.