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4107.
Status of spouses and children.
4108.
Estimating number of visas to be issued.
4109.
Pilot program.
4110.
Numerical limitations on individual foreign countries.
4111.
Charging immigrants to foreign countries.
4112.
Burden of proof.
§ 4101. General requirements
Except for aliens described in section 4102(d) of this title, an alien may
be issued an immigrant visa or otherwise become an alien lawfully admitted
for permanent residence only if—
(1)(A) the alien is a family-sponsored immigrant described in section
4103(b)–(e) of this title or admitted under section 4311(a)(1) of this
title because a visa previously was issued to the accompanying parent
under section 4103(b)–(e); and
(B) the numerical limitations of section 4102(a)(1) of this title are
not exceeded;
(2)(A) the alien is an employment-based immigrant described in sec-
tion 4104(b)–(f) of this title or admitted under section 4311(a)(1) of
this title because a visa previously was issued to the accompanying par-
ent under section 4104(b)–(f); and
(B) the numerical limitations of section 4102(b)(1) of this title are
not exceeded; or
(3)(A) the alien is a diversity immigrant described in section 4105(c)
and (h) of this title or admitted under section 4311(a)(1) of this title
because a visa previously was issued to the accompanying parent under
section 4105(c) and (h); and
(B) the numerical limitations of section 4102(c)(1) of this title are
not exceeded.
§ 4102. Annual worldwide numerical limitations
(a) FAMILY-SPONSORED IMMIGRANTS.—(1) The worldwide numerical lim-
itation for family-sponsored immigrants for a fiscal year is the greater of—
(A)(i) 480,000; minus
(ii) the number of aliens described in subsection (d)(6)–(8) of this
section issued immigrant visas or who otherwise became aliens lawfully
admitted for permanent residence in the prior fiscal year; plus
(iii) any difference between the maximum number of employment-
based immigrant visas that could have been issued and the number
that were issued during the prior fiscal year; or
(B) 226,000.
(2) In each of the first 3 quarters of a fiscal year, the number of aliens
issued visas and otherwise becoming aliens lawfully admitted for permanent
residence as family-sponsored immigrants may not be more than 27 percent
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of the numerical limitation computed under paragraph (1) of this subsection
for that fiscal year.
(b) EMPLOYMENT-BASED IMMIGRANTS.—(1) The worldwide numerical
limitation for employment-based immigrants for a fiscal year is—
(A) not more than 140,000; plus
(B) any difference between the maximum number of family-spon-
sored immigrant visas that could have been issued and the number that
were issued during the prior fiscal year.
(2) In each of the first 3 quarters of a fiscal year, the number of aliens
issued visas and otherwise becoming aliens lawfully admitted for permanent
residence as employment-based immigrants may not be more than 27 per-
cent of the numerical limitation computed under paragraph (1) of this sub-
section for that fiscal year.
(c) DIVERSITY IMMIGRANTS.—(1) The worldwide numerical limitation for
diversity immigrants for a fiscal year is 55,000.
(2) In each of the first 3 quarters of a fiscal year, the number of aliens
issued visas and otherwise becoming aliens lawfully admitted for permanent
residence as diversity immigrants may not be more than 27 percent of the
numerical limitation computed under paragraph (1) of this subsection for
that fiscal year.
(d) NONAPPLICATION.—The numerical limitations of this section do not
apply to—
(1) a special immigrant as defined in section 134(a)(1) or (2) of this
title;
(2) an alien admitted under section 5105 of this title or whose status
is adjusted under section 5107 of this title;
(3) an alien who becomes lawfully admitted for permanent residence
under chapter 93 of this title or section 210 or 210A of the Immigra-
tion and Nationality Act (ch. 477, 66 Stat. 163);
(4) an alien whose deportation is suspended under section 6539(a)
of this title;
(5) an alien whose status is adjusted to that of an alien lawfully ad-
mitted for permanent residence under section 9105(a) of this title;
(6) an immediate relative;
(7) an alien admitted under section 4311(a)(1) of this title because
the accompanying parent is an immediate relative previously issued a
visa; and
(8) an alien born to an alien lawfully admitted for permanent resi-
dence during a temporary visit outside the United States.
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§ 4103. Visa allocation for family-sponsored immigrants
(a) GENERAL.—Aliens subject to the worldwide numerical limitation of
section 4102(a)(1) of this title for qualified family-sponsored immigrants
shall be allocated visas each fiscal year as provided in this section.
(b) UNMARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than
23,400 visas, plus visas not required under subsection (e) of this section,
shall be made available to unmarried sons and unmarried daughters of citi-
zens of the United States.
(c) FAMILIES OF ALIENS LAWFULLY ADMITTED.—(1) Not more than
114,200 visas, plus the number by which the worldwide numerical limitation
is more than 226,000, plus visas not required under subsection (b) of this
section, shall be made available to—
(A) spouses and children of aliens lawfully admitted for permanent
residence; and
(B) unmarried sons and unmarried daughters (who are no longer
children) of aliens lawfully admitted for permanent residence.
(2) At least 77 percent of visas made available under this subsection shall
be made available to those spouses and children.
(d) MARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than
23,400 visas, plus visas not required under subsections (b) and (c) of this
section, shall be made available to married sons and married daughters of
citizens of the United States.
(e) BROTHERS AND SISTERS OF CITIZENS.—Not more than 65,000 visas,
plus visas not required under subsections (b)–(d) of this section, shall be
made available to brothers and sisters of citizens of the United States if
the citizens are at least 21 years of age.
§ 4104. Visa allocation for employment-based immigrants
(a) GENERAL.—Aliens subject to the worldwide numerical limitation of
section 4102(b)(1) of this title for qualified employment-based immigrants
shall be allocated visas each fiscal year as provided in this section.
(b) PRIORITY WORKERS.—(1) A number of visas equal to not more than
28.6 percent of the worldwide numerical limitation of section 4102(b)(1) of
this title, plus visas not required under subsections (e) and (f) of this sec-
tion, shall be made available to the following aliens:
(A) a qualified immigrant—
(i) having extraordinary ability in the sciences, arts, education,
business, or athletics that has been demonstrated by sustained na-
tional or international acclaim;
(ii) whose achievements have been recognized in the field
through extensive documentation;