8 U.S.C. § 1151: Worldwide level of immigration

family-sponsored immigrants described in section 1153(a) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(a) of this title ) 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; employment-based immigrants described in section 1153(b) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(b) of this title ), 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 for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title (or who are admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(c) of this title ) 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. Special immigrants described in subparagraph (A) or (B) of section 1101(a)(27) of this title . Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title . Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of this title. Aliens whose removal is canceled under section 1229b(a) of this title . Aliens provided permanent resident status under section 1259 of this title . 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 and was not legally separated from the citizen at the time of the citizen’s death, the alien (and each child of 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 1154(a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 1154(a)(1)(A) of this title remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse. Aliens admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative. Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. 480,000, minus the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus the number (if any) computed under paragraph (3). For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i). In no case shall the number computed under subparagraph (A) be less than 226,000. 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. The number computed under this paragraph for fiscal year 1992 is zero. The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year. The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. who did not depart from the United States (without advance parole) within 365 days; and who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section. If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1). 140,000, plus the number computed under paragraph (2). The number computed under this paragraph for fiscal year 1992 is zero. The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title during that fiscal year. The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year. Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title shall be made using the age of the alien on the date on which the petition is filed with the Attorney General under section 1154 of this title to classify the alien as an immediate relative under subsection (b)(2)(A)(i). In the case of a petition under section 1154 of this title initially filed for an alien child’s classification as a family-sponsored immigrant under section 1153(a)(2)(A) of this title , based on the child’s parent being lawfully admitted for permanent residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i), the determination described in paragraph (1) shall be made using the age of the alien on the date of the parent’s naturalization. In the case of a petition under section 1154 of this title initially filed for an alien’s classification as a family-sponsored immigrant under section 1153(a)(3) of this title , based on the alien’s being a married son or daughter of a citizen, if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under subsection (b)(2)(A)(i) or as an unmarried son or daughter of a citizen under section 1153(a)(1) of this title , the determination described in paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage. Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners. The amendment made by paragraph (1) [amending this section] shall apply to all applications and petitions relating to immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) pending on or after the date of the enactment of this Act [ Oct. 28, 2009 ]. Notwithstanding any other provision of law, an alien described in clause (ii) who seeks immediate relative status pursuant to the amendment made by paragraph (1) shall file a petition under section 204(a)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A)(ii) ) not later than the date that is 2 years after the date of the enactment of this Act. the alien’s United States citizen spouse died before the date of the enactment of this Act; the alien and the citizen spouse were married for less than 2 years at the time of the citizen spouse’s death; and the alien has not remarried.” a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) approved before such date but only if a final determination has not been made on the beneficiary’s application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition; a petition for classification under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) pending on or after such date; or an application pending before the Department of Justice or the Department of State on or after such date.” Notwithstanding the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), in the case of an alien who was the spouse of a citizen of the United States at the time of the citizen’s death and was not legally separated from the citizen at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien (and each child of the alien) shall be considered, for purposes of section 201(b) of such Act, to remain an immediate relative after the date of the citizen’s death, but only if the alien files a petition under section 204(a)(1)(A)(ii) of such Act [ 8 U.S.C. 1154(a)(1)(A)(ii) ] within 2 years after such date and only until the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted relief under the preceding sentence shall be considered an alien spouse described in the second sentence of section 201(b)(2)(A)(i) of such Act. In the case of an alien who was the child of a citizen of the United States at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), to remain an immediate relative after the date of the citizen’s death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act [ 8 U.S.C. 1101 et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ). In the case of an alien who was the parent of a citizen of the United States at the time of the citizen’s death, if the citizen served honorably in an active duty status in the military, air, or naval forces of the United States and died as a result of injury or disease incurred in or aggravated by combat, the alien shall be considered, for purposes of section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), to remain an immediate relative after the date of the citizen’s death (regardless of changes in age or marital status thereafter), but only if the alien files a petition under subparagraph (B) within 2 years after such date. An alien described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act, such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ). Notwithstanding section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), for purposes of this paragraph, a citizen described in subparagraph (A) does not have to be 21 years of age for a parent to benefit under this paragraph. Notwithstanding subsections (a) and (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ), any alien who was the spouse, child, or parent of an alien described in paragraph (2), and who applied for adjustment of status prior to the death described in paragraph (2)(B), may have such application adjudicated as if such death had not occurred. served honorably in an active duty status in the military, air, or naval forces of the United States; died as a result of injury or disease incurred in or aggravated by combat; and was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440–1 ). A spouse or child of an alien described in paragraph (3) who is included in a petition for classification as a family-sponsored immigrant under section 203(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a)(2) ) that was filed by such alien, shall be considered (if the spouse or child has not been admitted or approved for lawful permanent residence by such date) a valid petitioner for immediate relative status under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. An alien spouse or child described in subparagraph (A) may file a petition with the Secretary of Homeland Security for classification of the alien under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ). For purposes of such Act [ 8 U.S.C. 1101 et seq.], such a petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ). Any spouse or child of an alien described in paragraph (3) who is not a beneficiary of a petition for classification as a family-sponsored immigrant may file a petition for such classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) with the Secretary of Homeland Security, but only if the spouse or child files a petition within 2 years after such date. Such spouse or child shall be eligible for deferred action, advance parole, and work authorization. served honorably in an active duty status in the military, air, or naval forces of the United States; died as a result of injury or disease incurred in or aggravated by combat; and was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440–1 ). Any parent of an alien described in paragraph (2) may file a petition for classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ), but only if the parent files a petition within 2 years after such date. For purposes of such Act [ 8 U.S.C. 1101 et seq.], such petition shall be considered a petition filed under section 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ). Such parent shall be eligible for deferred action, advance parole, and work authorization. served honorably in an active duty status in the military, air, or naval forces of the United States; died as a result of injury or disease incurred in or aggravated by combat; and was granted posthumous citizenship under section 329A of the Immigration and Nationality Act ( 8 U.S.C. 1440–1 ). In determining the admissibility of any alien accorded an immigration benefit under this section for purposes of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], the ground for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) ) shall not apply.” Beginning in fiscal year 1999, subject to paragraph (2), the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act [ 8 U.S.C. 1151(e) ] shall be reduced by 5,000 from the number of visas otherwise available under that section for such fiscal year. one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1101 note; Public Law 104–208 ) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act ( Public Law 105–100 ; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) for whom visas shall have been made available under section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [ Pub. L. 118–31 , 8 U.S.C. 1153 note] as of the end of the previous fiscal year; exceeds the total of the reductions in available visas under this subsection for all previous fiscal years. Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the sum calculated under paragraph (2)(A), minus the number in paragraph (2)(B), is zero. to repeal, modify, or render permanently inapplicable paragraph (1); or to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024 [ Pub. L. 118–31 , 8 U.S.C. 1153 note]. In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is reduced to a number fewer than 50,000, not fewer than 3,000 of such visas shall be made available for individuals described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024.” qualified as a nonpreference immigrant under section 203(a)(8) of such Act [ section 1153(a)(8) of this title ] (as in effect on June 1, 1978 ); was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act [former section 1182(a)(14) of this title ] because the alien had actually invested, before such date, capital in an enterprise in the United States of which the alien became a principal manager and which employed a person or persons (other than the spouse or children of the alien) who are citizens of the United States or aliens lawfully admitted for permanent residence; and applied for adjustment of status to that of an alien lawfully admitted for permanent residence.”