Pub. L. 101-649, tit. I, subtit. A, sec. 101

WORLDWIDE LEVELS.

EnactedYear: 1990Length: 912 wordsOfficial source
SEC. 101. WORLDWIDE LEVELS. (a) In General.— Section 201 (8 U.S.C. 1151) is amended to read as follows: 104 STAT. 4981 “worldwide level of immigration “Sec. 201. (a) In General.— Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to— “(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; “(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and “(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year. “(b) Aliens Not Subject to Direct Numerical Limitations.— Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows: “(1) (A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27). “(B) Aliens who are admitted under section 207 or whose status is adjusted under section 209. “(C) Aliens whose status is adjusted to permanent residence under section 210, 210A, or 245A. “(D) Aliens whose deportation is suspended under section 244(a). “(E) Aliens provided permanent resident status under section 249. “(2) (A) (i) Immediate relatives.— For purposes of this subsection, the term ‘immediate relatives’ means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen’s death and was not legally separated from the citizen at the time of the citizen’s death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under section 204(a)(1)(A) within 2 years after such date and only until the date the spouse remarries. 104 STAT. 4982 “(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative. “(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. “(c) Worldwide Level of Family-Sponsored Immigrants.— (1) (A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to— “(i) 480,000, minus “(ii) the number computed under paragraph (2), plus “(iii) the number (if any) computed under paragraph (3). “(B) (i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i). “(ii) In no case shall the number computed under subparagraph (A) be less than 226,000. “(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year. “(3) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. “(d) Worldwide Level of Employment-Based Immigrants.— (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to— “(A) 140,000, plus “(B) the number computed under paragraph (2). “(2) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. “(e) Worldwide Level of Diversity Immigrants.— The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.”. (b) Clerical Amendment.— The item in the table of contents relating to section 201 is amended to read as follows: “Sec. 201. Worldwide level of immigration.”.
Pub. L. 101-649, tit. I, subtit. A, sec. 101: WORLDWIDE LEVELS. | Justis AI