Sec. 202. numerical limitation to any single foreign state75
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## Sec. 202 numerical limitation to any single foreign state75 **[**[8 U.S.C. 1152](/us/usc/t8/s1152)**]** ### (a)79 Per Country Level 79Subsection
(a)was amended in its entirety by §102(1) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 4982), effective October 1, 1991. For subsection as previously in effect, see Appendix II.A.2. Note.—See footnote at the beginning of this title. ####
(1)Nondiscrimination #####
(A)Except as specifically provided in paragraph
(2)and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, 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 203 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 203 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 203(a) to immigrants described in section 203(a)(2)(A) 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 203(a) to immigrants described in section 203(a)(2) 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 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, the remaining 25 percent of the 2–A floor shall be available in the case of a state or area that is subject to subsection
(e)only to the extent that the total number of visas issued in accordance with subparagraph
(A)to natives of the foreign state or area is less than the subsection
(e)ceiling (as defined in clause (ii)). ######
(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 203(a) to immigrants who are natives of the state or area under section 203(a)(2) consistent with subsection (e). #####
(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)applies, the number of immigrant visas that may be made available to natives of the state or area under section 203(a)(2)(B) may not exceed— ######
(i)23 percent of the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection (e), or ######
(ii)the number (if any) by which the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection
(e)exceeds the number of visas issued under section 203(a)(2)(A), 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)applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection
(e)(determined without regard to this paragraph), in applying paragraphs
(3)and
(4)of section 203(a) 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. ####
(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 203(b) 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)In the case of a foreign state or dependent area to which subsection
(e)applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b) consistent with subsection
(e)(determined without regard to this paragraph), in applying subsection
(e)all visas shall be deemed to have been required for the classes of aliens specified in section 203(b). ###
(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) when approved by the Secretary of State.80 All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that
(1)an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2)if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(3)an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and
(4)an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent. 80§714 of the International Security and Development Cooperation Act of 1981 (Pub. L. 97–113) provides as follows: immigrant visas for taiwan1 Sec. 714. The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act shall be considered to have been granted with respect to Taiwan (China). On Apr. 30, 1979, the Department of State made a final ruling whereby 22 CFR Part 42 was amended effective Apr. 23, 1979, to provide that aliens in Taiwan applying for immigrant visas shall be required to appear personally before a designated officer of the American Institute in Taiwan in connection with the execution of his immigrant visa application. This ruling, which was made pursuant to the authority contained in section 104 of the Immigration and Nationality Act, can be found at 44 F.R. 28659, May 16, 1979. §103 of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 4985) provides as follows: SEC. 103. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS. The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act shall be considered to have been granted, effective beginning with fiscal year 1991, with respect to Hong Kong as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections
(a)and
(b)of section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000. ###
(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 201(b), shall be chargeable for the purpose of the limitation set forth in subsection (a), 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)81 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 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections
(a)and
(b)of section 203, 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 203) in a manner so that— 81Subsection
(e)was amended in its entirety by §102(5) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 4984), effective October 1, 1991. For subsection as in effect before such date, see Appendix II.A.2. ####
(1)the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201(d); ####
(2)except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs
(1)through
(4)of section 203(a) 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 203(a), and ####
(3)except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs
(1)through
(5)of section 203(b) 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 203(b). 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 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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- 104 Stat. 4982
- Pub. L. 97-113
- 22 CFR 42
- 104 Stat. 4985
- 104 Stat. 4984
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Sec. 202
numerical limitation to any single foreign state75
Stat.104 Stat. 4982
Pub. L.Pub. L. 97-113
Cite22 CFR 42
Stat.104 Stat. 4985
Stat.104 Stat. 4984
Cites 6Cited by 0 across 0 sources