Sec. 132. DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES

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## SEC. 132 DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES ###

(a)In General Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act, there shall be made available to qualified immigrants described in subsection

(b)(or in subsection

(d)as the spouse or child of such an alien) 40,000 immigrant visas in each of fiscal years 1992, 1993, and 1994 and4 in fiscal year 1995 a number of immigrant visas equal to the number of such visas provided (but not made available) under this section in previous fiscal years. If the full number of such visas are not made available in fiscal year 1992 or 1993, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.5 4Matter relating to fiscal year 1995 was inserted by subsection (a)(1) of §217 of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103–416, 108 Stat. 4315, Oct. 25, 1994). Subsection

(b)of that section provides as follows:

(b)Administration of 1995 Diversity Transition Program.—

(1)Eligibility.—For the purpose of carrying out the extension of the diversity transition program under the amendments made by subsection (a), applications for natives of diversity transition countries submitted for fiscal year 1995 for diversity immigrants under section 203(c) of the Immigration and Nationality Act shall be considered applications for visas made available for fiscal year 1995 for the diversity transition program under section 132 of the Immigration Act of 1990. No application period for the fiscal year 1995 diversity transition program shall be established and no new applications may be accepted for visas made available under such program for fiscal year 1995. Applications for visas in excess of the minimum available to natives of the country specified in section 132(c) of the Immigration Act of 1990 shall be selected for qualified applicants within the several regions defined in section 203(c)(1)(F) of the Immigration and Nationality Act in proportion to the region's share of visas issued in the diversity transition program during fiscal years 1992 and 1993.

(2)Notification.—Not later than 180 days after the date of enactment of this Act, notification of the extension of the diversity transition program for fiscal year 1995 and the provision of visa numbers shall be made to each eligible applicant under paragraph (1).

(3)Requirements.—Notwithstanding any other provision of law, for the purpose of carrying out the extension of the diversity transition program under the amendments made by subsection (a), the requirement of section 132(b)(2) of the Immigration Act of 1990 shall not apply to applicants under such extension and the requirement of section 203(c)(2) of the Immigration and Nationality Act shall apply to such applicants. 5The last sentence was added by §302(b)(6)(B) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1743). ###

(b)Qualified Alien Described An alien described in this subsection is an alien who— ####

(1)is a native of a foreign state6 that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986, 6The phrase “that is not contiguous to the United States and” was stricken by §302(b)(6)(C) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1743), effective after fiscal year 1992. ####

(2)has a firm commitment for employment in the United States for a period of at least 1 year (beginning on the date of admission under this section), and ####

(3)except as provided in subsection (c), is admissible as an immigrant. ### (c)7 Distribution of Visa Numbers The Secretary of State shall provide for making immigrant visas provided under subsection

(a)available strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State, except that at least 40 percent of the number of such visas in each fiscal year shall be made available to natives of the foreign state the natives of which received the greatest number of visas issued under section 314 of the Immigration Reform and Control Act (or to aliens described in subsection

(d)who are the spouses or children of such natives) and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be voided. If the minimum number of such visas are not made available in fiscal year 1992 or 1993 to such natives, the shortfall shall be added to the number of such visas to be made available under this section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland. 7The phrase beginning with “strictly” through “Secretary of State” was substituted for “in the chronological order in which aliens apply for each fiscal year”, the phrase “and except that” through “voided” was inserted, and the last sentence was added by §302(b)(6)(D) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1743, 1744), effective beginning with fiscal year 1993. ###

(d)Derivative Status for Spouses and Children A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or

(E)of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent. ###

(e)Waivers of Grounds of Exclusion In determining the admissibility of an alien provided a visa number under this section, the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of section 212(a) of the Immigration and Nationality Act, unless the Attorney General finds that such a waiver is not in the national interest. In addition, the provisions of section 212(e) of such Act shall not apply so as to prevent an individual's application for a visa or admission under this section.8 8The last sentence was added by §302(b)(6)(E)(iii) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1743), effective as if included in the enactment of the Immigration Act of 1990. ###

(f)Application Fee The Secretary of State shall require payment of a reasonable fee for the filing of an application under this section in order to cover the costs of processing applications under this section.

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108 Stat. 4315
105 Stat. 1743

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Sec. 132

DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES

Stat.108 Stat. 4315

Stat.105 Stat. 1743

Cites 2Cited by 0 across 0 sources