PER COUNTRY LEVELS.

SEC. 102. PER COUNTRY LEVELS. Section 202 (8 U.S.C. 1152) is amended— (1) by amending subsection (a) to read as follows: “(a) Per Country Level.— “(1) Nondiscrimination.— 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. “(2) Per country levels for family-sponsored and employment-based immigrants.— Subject to paragraphs (3) and (4), 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 7104 STAT. 4983 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 minimum 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 under104 STAT. 4984 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.”; (2) in subsection (b)— (A) by inserting “Rules for Chargeability.—” after “(b)”, and (B) by striking “the numerical limitation set forth in the proviso to subsection (a) of this section” each place it appears and inserting “a numerical level established under subsection (a)(2)”; (3) in subsection (c)— (A) by inserting “Chargeability for Dependent Areas.—” after “(c)”, (B) by striking “a special immigrant” and all that follows through “201(b)” and inserting “an alien described in section 201(b)”, and (C) by striking “, and the number” and all that follows through “one fiscal year”; (4) in subsection (d), by inserting “Changes in Territory.—” after “(d)”; and (5) by amending subsection (e) to read as follows: “(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 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— “(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) 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 the104 STAT. 4985 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).”.