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8 U.S. Code § 1153 - Allocation of immigrant visas
U.S. Code

Notes

(a) P

-

Aliens subject to the worldwide level specified in section 1151(c) of
this title for family-sponsored immigrants shall be allotted visas as
follows:
(1) U
Qualified immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a number not to
exceed 23,400, plus any visas not required for the class specified in
paragraph (4).
(2) S
Qualified immigrants—
(A) who are the spouses or children of an alien lawfully admitted for
permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are
not the children) of an alien lawfully admitted for permanent
residence,
shall be allocated visas in a number not to exceed 114,200, plus
the number (if any) by which such worldwide level exceeds
226,000, plus any visas not required for the class specified in
paragraph (1); except that not less than 77 percent of such visa
numbers shall be allocated to aliens described in subparagraph (A).
(3) M
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Qualified immigrants who are the married sons or married daughters of
citizens of the United States shall be allocated visas in a number not to
exceed 23,400, plus any visas not required for the classes specified in
paragraphs (1) and (2).
(4) B
Qualified immigrants who are the brothers or sisters of citizens of the
United States, if such citizens are at least 21 years of age, shall be
allocated visas in a number not to exceed 65,000, plus any visas not
required for the classes specified in paragraphs (1) through (3).
(b) P

-

Aliens subject to the worldwide level specified in section 1151(d) of
this title for employment-based immigrants in a fiscal year shall be
allotted visas as follows:
(1) P
Visas shall first be made available in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required for the
classes specified in paragraphs (4) and (5), to qualified immigrants
who are aliens described in any of the following subparagraphs (A)
through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if—
(i) the alien has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated
by sustained national or international acclaim and whose
achievements have been recognized in the field through
extensive documentation,
(ii) the alien seeks to enter the United States to continue work
in the area of extraordinary ability, and
(iii) the alien’s entry into the United States will substantially
benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if—

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(i) the alien is recognized internationally as outstanding in a
specific academic area,
(ii) the alien has at least 3 years of experience in teaching or
research in the academic area, and
(iii) the alien seeks to enter the United States—
(I) for a tenured position (or tenure-track position) within a
university or institution of higher education to teach in the
academic area,
(II) for a comparable position with a university or institution
of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the
area with a department, division, or institute of a private
employer, if the department, division, or institute employs at
least 3 persons full-time in research activities and has
achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years
preceding the time of the alien’s application for classification and
admission into the United States under this subparagraph, has been
employed for at least 1 year by a firm or corporation or other legal
entity or an affiliate or subsidiary thereof and the alien seeks to
enter the United States in order to continue to render services to
the same employer or to a subsidiary or affiliate thereof in a
capacity that is managerial or executive.
(2) A
(A) In general
Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required for the
classes specified in paragraph (1), to qualified immigrants who are
members of the professions holding advanced degrees or their
equivalent or who because of their exceptional ability in the
sciences, arts, or business, will substantially benefit prospectively
the national economy, cultural or educational interests, or welfare of

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the United States, and whose services in the sciences, arts,
professions, or business are sought by an employer in the United
States.
(B) Waiver of job offer
(i) National interest waiver
Subject to clause (ii), the Attorney General may, when the
Attorney General deems it to be in the national interest, waive
the requirements of subparagraph (A) that an alien’s services in
the sciences, arts, professions, or business be sought by an
employer in the United States.
(ii) Physicians working in shortage areas or veterans
facilities
(I) In general
The Attorney General shall grant a national interest waiver
pursuant to clause (i) on behalf of any alien physician with
respect to whom a petition for preference classification has
been filed under subparagraph (A) if—
(aa) the alien physician agrees to work full time as a
physician in an area or areas designated by the Secretary
of Health and Human Services as having a shortage of
health care professionals or at a health care facility under
the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in
any State has previously determined that the alien
physician’s work in such an area or at such facility was in
the public interest.
(II) Prohibition
No permanent resident visa may be issued to an alien
physician described in subclause (I) by the Secretary of State
under section 1154(b) of this title, and the Attorney General
may not adjust the status of such an alien physician from that
of a nonimmigrant alien to that of a permanent resident alien
under section 1255 of this title, until such time as the alien
has worked full time as a physician for an aggregate of 5
years (not including the time served in the status of an alien
described in section 1101(a)(15)(J) of this title), in an area or
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areas designated by the Secretary of Health and Human
Services as having a shortage of health care professionals or
at a health care facility under the jurisdiction of the Secretary
of Veterans Affairs.
(III) Statutory construction
Nothing in this subparagraph may be construed to prevent
the filing of a petition with the Attorney General for
classification under section 1154(a) of this title, or the filing
of an application for adjustment of status under section 1255
of this title, by an alien physician described in subclause (I)
prior to the date by which such alien physician has completed
the service described in subclause (II).
(IV) Effective date
The requirements of this subsection do not affect waivers on
behalf of alien physicians approved under subsection (b)(2)
(B) before the enactment date of this subsection. In the case
of a physician for whom an application for a waiver was filed
under subsection (b)(2)(B) prior to November 1, 1998, the
Attorney General shall grant a national interest waiver
pursuant to subsection (b)(2)(B) except that the alien is
required to have worked full time as a physician for an
aggregate of 3 years (not including time served in the status
of an alien described in section 1101(a)(15)(J) of this title)
before a visa can be issued to the alien under section 1154(b)
of this title or the status of the alien is adjusted to permanent
resident under section 1255 of this title.

(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has
exceptional ability, the possession of a degree, diploma, certificate,
or similar award from a college, university, school, or other
institution of learning or a license to practice or certification for a
particular profession or occupation shall not by itself be considered
sufficient evidence of such exceptional ability.
(3) S

,

,

(A) In general
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Visas shall be made available, in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required for
the classes specified in paragraphs (1) and (2), to the following
classes of aliens who are not described in paragraph (2):
(i) Skilled workers
Qualified immigrants who are capable, at the time of petitioning
for classification under this paragraph, of performing skilled labor
(requiring at least 2 years training or experience), not of a
temporary or seasonal nature, for which qualified workers are
not available in the United States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who
are members of the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of
petitioning for classification under this paragraph, of performing
unskilled labor, not of a temporary or seasonal nature, for which
qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this
paragraph in any fiscal year may be available for qualified
immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under
subparagraph (A) until the consular officer is in receipt of a
determination made by the Secretary of Labor pursuant to the
provisions of section 1182(a)(5)(A) of this title.
(4) C
Visas shall be made available, in a number not to exceed 7.1 percent of
such worldwide level, to qualified special immigrants described in
section 1101(a)(27) of this title (other than those described in
subparagraph (A) or (B) thereof), of which not more than 5,000 may
be made available in any fiscal year to special immigrants described in
subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title, and not
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more than 100 may be made available in any fiscal year to special
immigrants, excluding spouses and children, who are described in
section 1101(a)(27)(M) of this title.
(5) E
(A) In general
Visas shall be made available, in a number not to exceed 7.1
percent of such worldwide level, to qualified immigrants seeking
to enter the United States for the purpose of engaging in a new
commercial enterprise (including a limited partnership)—
(i) in which such alien has invested (after November 29, 1990)
or, is actively in the process of investing, capital in an amount
not less than the amount specified in subparagraph (C), and
(ii) which will benefit the United States economy and create fulltime employment for not fewer than 10 United States citizens or
aliens lawfully admitted for permanent residence or other
immigrants lawfully authorized to be employed in the United
States (other than the immigrant and the immigrant’s spouse,
sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made available under this
paragraph in each fiscal year shall be reserved for qualified
immigrants who invest in a new commercial enterprise described
in subparagraph (A) which will create employment in a targeted
employment area.
(ii) “Targeted employment area” defined
In this paragraph, the term “targeted employment area” means,
at the time of the investment, a rural area or an area which has
experienced high unemployment (of at least 150 percent of the
national average rate).
(iii) “Rural area” defined
In this paragraph, the term “rural area” means any area other
than an area within a metropolitan statistical area or within the
outer boundary of any city or town having a population of 20,000

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or more (based on the most recent decennial census of the
United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the amount
of capital required under subparagraph (A) shall be $1,000,000.
The Attorney General, in consultation with the Secretary of Labor
and the Secretary of State, may from time to time prescribe
regulations increasing the dollar amount specified under the
previous sentence.
(ii) Adjustment for targeted employment areas
The Attorney General may, in the case of investment made in a
targeted employment area, specify an amount of capital required
under subparagraph (A) that is less than (but not less than ½ of)
the amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a part of a
metropolitan statistical area that at the time of the
investment—
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below
the national average unemployment rate,
the Attorney General may specify an amount of capital
required under subparagraph (A) that is greater than (but not
greater than 3 times) the amount specified in clause (i).
(D) Full-time employment defined
In this paragraph, the term “full-time employment” means
employment in a position that requires at least 35 hours of service
per week at any time, regardless of who fills the position.
(6) S

“K”

(A) Not counted against numerical limitation in year involved

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Subject to subparagraph (B), the number of immigrant visas made
available to special immigrants under section 1101(a)(27)(K) of this
title in a fiscal year shall not be subject to the numerical limitations
of this subsection or of section 1152(a) of this title.
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant
classifications
The number of visas made available in any fiscal year under
paragraphs (1), (2), and (3) shall each be reduced by ⅓ of the
number of visas made available in the previous fiscal year to
special immigrants described in section 1101(a)(27)(K) of this
title.
(ii) Reduction in per country level
The number of visas made available in each fiscal year to natives
of a foreign state under section 1152(a) of this title shall be
reduced by the number of visas made available in the previous
fiscal year to special immigrants described in section 1101(a)
(27)(K) of this title who are natives of the foreign state.
(iii) Reduction in employment-based immigrant
classifications within per country ceiling
In the case of a foreign state subject to section 1152(e) of this
title in a fiscal year (and in the previous fiscal year), the number
of visas made available and allocated to each of paragraphs (1)
through (3) of this subsection in the fiscal year shall be reduced
by ⅓ of the number of visas made available in the previous fiscal
year to special immigrants described in section 1101(a)(27)(K)
of this title who are natives of the foreign state.

(c) D
(1) I
Except as provided in paragraph (2), aliens subject to the
worldwide level specified in section 1151(e) of this title for diversity
immigrants shall be allotted visas each fiscal year as follows:
(A) Determination of preference immigration

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The Attorney General shall determine for the most recent previous
5-fiscal-year period for which data are available, the total number of
aliens who are natives of each foreign state and who (i) were
admitted or otherwise provided lawful permanent resident status
(other than under this subsection) and (ii) were subject to the
numerical limitations of section 1151(a) of this title (other than
paragraph (3) thereof) or who were admitted or otherwise provided
lawful permanent resident status as an immediate relative or other
alien described in section 1151(b)(2) of this title.
(B) Identification of high-admission and low-admission
regions and high-admission and low-admission states
The Attorney General—
(i) shall identify—
(I) each region (each in this paragraph referred to as a
“high-admission region”) for which the total of the numbers
determined under subparagraph (A) for states in the region is
greater than ⅙ of the total of all such numbers, and
(II) each other region (each in this paragraph referred to as
a “low-admission region”); and
(ii) shall identify—
(I) each foreign state for which the number determined
under subparagraph (A) is greater than 50,000 (each such
state in this paragraph referred to as a “high-admission
state”), and
(II) each other foreign state (each such state in this
paragraph referred to as a “low-admission state”).
(C) Determination of percentage of worldwide immigration
attributable to high-admission regions
The Attorney General shall determine the percentage of the total of
the numbers determined under subparagraph (A) that are numbers
for foreign states in high-admission regions.
(D) Determination of regional populations excluding highadmission states and ratios of populations of regions within
low-admission regions and high-admission regions
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The Attorney General shall determine—
(i) based on available estimates for each region, the total
population of each region not including the population of any
high-admission state;
(ii) for each low-admission region, the ratio of the population of
the region determined under clause (i) to the total of the
populations determined under such clause for all the lowadmission regions; and
(iii) for each high-admission region, the ratio of the population
of the region determined under clause (i) to the total of the
populations determined under such clause for all the highadmission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states
The percentage of visas made available under this paragraph to
natives of a high-admission state is 0.
(ii) For low-admission states in low-admission regions
Subject to clauses (iv) and (v), the percentage of visas made
available under this paragraph to natives (other than natives
of a high-admission state) in a low-admission region is the
product of—
(I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under
subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions
Subject to clauses (iv) and (v), the percentage of visas made
available under this paragraph to natives (other than natives
of a high-admission state) in a high-admission region is the
product of—
(I) 100 percent minus the percentage determined under
subparagraph (C), and
(II) the population ratio for that region determined under
subparagraph (D)(iii).
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(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that the number of immigrant
visas to be issued to natives in any region for a fiscal year under
this paragraph is less than the number of immigrant visas made
available to such natives under this paragraph for the fiscal year,
subject to clause (v), the excess visa numbers shall be made
available to natives (other than natives of a high-admission
state) of the other regions in proportion to the percentages
otherwise specified in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state
The percentage of visas made available under this paragraph to
natives of any single foreign state for any fiscal year shall not
exceed 7 percent.
(F) “Region” defined
Only for purposes of administering the diversity program under
this subsection, Northern Ireland shall be treated as a separate
foreign state, each colony or other component or dependent
area of a foreign state overseas from the foreign state shall be
treated as part of the foreign state, and the areas described in
each of the following clauses shall be considered to be a
separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the Caribbean.
(2) R
An alien is not eligible for a visa under this subsection unless the
alien—
(A) has at least a high school education or its equivalent, or

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(B) has, within 5 years of the date of application for a visa under
this subsection, at least 2 years of work experience in an occupation
which requires at least 2 years of training or experience.
(3) M
The Secretary of State shall maintain information on the age,
occupation, education level, and other relevant characteristics of
immigrants issued visas under this subsection.
(d) T
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of
section 1101(b)(1) of this title shall, if not otherwise entitled to an
immigrant status and the immediate issuance of a visa under subsection
(a), (b), or (c), be entitled to the same status, and the same order of
consideration provided in the respective subsection, if accompanying or
following to join, the spouse or parent.
(e) O
(1) Immigrant visas made available under subsection (a) or (b) shall
be issued to eligible immigrants in the order in which a petition in
behalf of each such immigrant is filed with the Attorney General (or in
the case of special immigrants under section 1101(a)(27)(D) of this
title, with the Secretary of State) as provided in section 1154(a) of this
title.
(2) Immigrant visa numbers made available under subsection (c)
(relating to diversity immigrants) shall be issued to eligible qualified
immigrants strictly in a random order established by the Secretary of
State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section shall be
maintained in accordance with regulations prescribed by the Secretary
of State.
(f) A
In the case of any alien claiming in his application for an immigrant visa to
be described in section 1151(b)(2) of this title or in subsection (a), (b), or
(c) of this section, the consular officer shall not grant such status until he
has been authorized to do so as provided by section 1154 of this title.
(g) L
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For purposes of carrying out the Secretary’s responsibilities in the orderly
administration of this section, the Secretary of State may make reasonable
estimates of the anticipated numbers of visas to be issued during any
quarter of any fiscal year within each of the categories under subsections
(a), (b), and (c) and to rely upon such estimates in authorizing the
issuance of visas. The Secretary of State shall terminate the registration of
any alien who fails to apply for an immigrant visa within one year following
notification to the alien of the availability of such visa, but the Secretary
shall reinstate the registration of any such alien who establishes within 2
years following the date of notification of the availability of such visa that
such failure to apply was due to circumstances beyond the alien’s control.
(h) R
(1) I
For purposes of subsections (a)(2)(A) and (d), 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—
(A) the age of the alien on the date on which an immigrant visa
number becomes available for such alien (or, in the case of
subsection (d), the date on which an immigrant visa number
became available for the alien’s parent), but only if the alien has
sought to acquire the status of an alien lawfully admitted for
permanent residence within one year of such availability; reduced
by
(B) the number of days in the period during which the applicable
petition described in paragraph (2) was pending.
(2) P
The petition described in this paragraph is—
(A) with respect to a relationship described in subsection (a)(2)(A),
a petition filed under section 1154 of this title for classification of an
alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary
under subsection (d), a petition filed under section 1154 of this title
for classification of the alien’s parent under subsection (a), (b), or
(c).

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(3) R
If the age of an alien is determined under paragraph (1) to be 21 years
of age or older for the purposes of subsections (a)(2)(A) and (d), the
alien’s petition shall automatically be converted to the appropriate
category and the alien shall retain the original priority date issued upon
receipt of the original petition.
(4) A
Paragraphs (1) through (3) shall apply to self-petitioners and
derivatives of self-petitioners.
(June 27, 1952, ch. 477, title II, ch. 1, § 203, 66 Stat. 178; Pub. L. 85–316,
§ 3, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86–363, §§ 1–3, Sept. 22, 1959, 73
Stat. 644; Pub. L. 89–236, § 3, Oct. 3, 1965, 79 Stat. 912; Pub. L. 94–571,
§ 4, Oct. 20, 1976, 90 Stat. 2705; Pub. L. 95–412, § 3, Oct. 5, 1978, 92 Stat.
907; Pub. L. 95–417, § 1, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96–212, title II,
§ 203(c), (i), Mar. 17, 1980, 94 Stat. 107, 108; Pub. L. 101–649, title I,
§§ 111, 121(a), 131, 162(a)(1), title VI, § 603(a)(3), Nov. 29, 1990, 104 Stat.
4986, 4987, 4997, 5009, 5082; Pub. L. 102–110, § 2(b), Oct. 1, 1991, 105
Stat. 555; Pub. L. 102–232, title III, § 302(b)(2), (e)(3), Dec. 12, 1991, 105
Stat. 1743, 1745; Pub. L. 103–416, title II, §§ 212(b), 219(c), Oct. 25, 1994,
108 Stat. 4314, 4316; Pub. L. 106–95, § 5, Nov. 12, 1999, 113 Stat. 1318;
Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 117], Nov. 29, 1999, 113 Stat.
1535, 1501A–21; Pub. L. 106–536, § 1(b)(1), Nov. 22, 2000, 114 Stat. 2560;
Pub. L. 107–208, § 3, Aug. 6, 2002, 116 Stat. 928; Pub. L. 107–273, div. C,
title I, §§ 11035, 11036(a), Nov. 2, 2002, 116 Stat. 1846; Pub. L. 109–162,
title VIII, § 805(b)(2), Jan. 5, 2006, 119 Stat. 3056.)

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https://www.law.cornell.edu/uscode/text/8/1153

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