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(1) the percentage of the total of the number determined under sub-
section (c) of this section that applies to foreign countries in high-ad-
mission regions;
(2) based on available estimates for each region, the total population
of each region, excluding the population of any high-admission foreign
country;
(3) for each low-admission region, the ratio of the population of the
region determined under clause (2) of this subsection to the total popu-
lation determined under clause (2) for all low-admission regions; and
(4) for each high-admission region, the ratio of the population of the
region determined under clause (2) of this subsection to the total popu-
lation determined under clause (2) for all high-admission regions.
(f) AVAILABILITY OF VISAS.—(1) The percentage of visas made available
under this section to natives of a high-admission foreign country is 0.
(2) Except as provided in subsection (g) of this section, the percentage
of visas made available under this section to natives (except natives of a
high-admission foreign country) in a low-admission region is the product
of—
(A) the percentage determined under subsection (e)(1) of this sec-
tion; multiplied by
(B) the population ratio for the region determined under subsection
(e)(3) of this section.
(3) Except as provided in subsection (g) of this section, the percentage
of visas made available under this section to natives (except natives of a
high-admission foreign country) in a high-admission region is the product
of—
(A) 100 percent minus the percentage determined under subsection
(e)(1) of this section; multiplied by
(B) the population ratio for the region determined under subsection
(e)(4) of this section.
(g) REDISTRIBUTION OF VISAS AND LIMITATION.—(1) Except as pro-
vided in paragraph (2) of this subsection, if the Secretary of State estimates
that the number of immigrant visas to be issued for a fiscal year to natives
in a region under this section will be less than the number of immigrant
visas made available for the fiscal year to those natives under this section,
the excess visa numbers shall be made available to natives (except natives
of a high-admission foreign country) of the other regions in proportion to
the percentages specified in subsection (f)(2) and (3) of this section.
(2) The percentage of visas made available under this section for a fiscal
year to natives of a single foreign country may not be more than 7 percent
114
of the total number of visas made available under this section for the fiscal
year.
(h) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.—An alien is
eligible for a visa under this section only if the alien—
(1) has at least a high school education or its equivalent; or
(2) within the 5-year period preceding the date of applying for a visa
has at least 2 years of work experience in an occupation requiring at
least 2 years of training or experience.
(i) MAINTAINING INFORMATION.—The Secretary of State shall maintain
information on the age, occupation, education level, and other relevant char-
acteristics of immigrants issued visas under this section.
§ 4106. Availability of visas for special immigrants having
honorable military service
(a) NONAPPLICATION OF NUMERICAL LIMITATIONS.— Except as pro-
vided in subsection (b) of this section, the numerical limitations of sections
4104 and 4110(a) and (b) of this title do not apply to immigrant visas
made available to special immigrants as defined in section 134(a)(13) of
this title.
(b) NUMBER OF AVAILABLE VISAS.—The number of visas made available
in a fiscal year—
(1) under subsections (b), (c), and (d) of section 4104 of this title
shall each be reduced by one-third of the number of visas allocated in
the prior fiscal year to special immigrants as defined in section
134(a)(13) of this title;
(2) to natives of a foreign country under section 4110(a) and (b) of
this title shall be reduced by the number of visas allocated in the prior
fiscal year to special immigrants as defined in section 134(a)(13) who
are natives of the foreign country; and
(3) under subsections (b), (c), and (d) of section 4104 for a foreign
country subject to section 4110(c) of this title in that fiscal year and
the prior fiscal year shall be reduced by one-third of the number of
visas allocated in the prior fiscal year to special immigrants as defined
in section 134(a)(13) who are natives of the foreign country.
§ 4107. Status of spouses and children
The spouse or child (as defined in section 108(a)(1)–(5) of this title) ac-
companying or following to join an alien who is in a class described in sec-
tion 4103, 4104, or 4105 of this title is entitled to the same classification
and to have the same priority date as the alien if the spouse or child other-
wise is not entitled to immigrant status and the immediate issuance of a
visa under section 4103, 4104, or 4105.
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§ 4108. Estimating number of visas to be issued
In carrying out sections 4103–4107 and 4313(a) and (b) of this title, the
Secretary of State may make estimates of the anticipated number of immi-
grant visas to be issued during any quarter of a fiscal year under each class
of sections 4103–4105 of this title. The Secretary may rely on those esti-
mates in authorizing the issuance of those visas.
§ 4109. Pilot program
(a) ESTABLISHMENT OF PROGRAM AND ALLOCATION OF VISAS.—In each
of the years beginning October 1, 1995–1997, the Secretary of State, with
the Attorney General, shall set aside 300 visas from the visas otherwise
available under section 4104(f) of this title for a pilot program to carry out
section 4104(f). The program shall include a regional center in the United
States for promoting economic growth, including increased export sales, im-
proved regional productivity, job creation, and increased domestic capital in-
vestment. The visas are for aliens eligible for admission under section
4104(f) and spouses and children eligible under this title to accompany or
follow to join the alien.
(b) DETERMINATION OF NUMBER OF JOBS CREATED.—In establishing
compliance with section 4104(f)(2)(C) of this title and notwithstanding the
requirements of section 204.6 of title 8, Code of Federal Regulations, the
Attorney General shall allow aliens admitted under the program to establish
reasonable methodologies for determining the number of jobs created by the
program, including jobs estimated to have been created indirectly through
revenue produced from increased exports resulting from the program.
§ 4110. Numerical limitations on individual foreign coun-
tries
(a) TOTAL NUMBER OF VISAS AVAILABLE IN A FISCAL YEAR.—(1) Ex-
cept as provided in this section, not more than 7 percent of the total num-
ber of immigrant visas made available under sections 4103 and 4104 of this
title in a fiscal year are made available to natives of any single foreign coun-
try, and not more than 2 percent of the total number are made available
to natives of any single dependent area.
(2) If, because of the application of paragraph (1) of this subsection to
at least one foreign country or dependent area, the total number of visas
made available under sections 4103 and 4104 of this title for a calendar
quarter is more than the number of qualified immigrants who otherwise may
be issued a visa, paragraph (1) does not apply to visas made available to
any such foreign country or dependent area during the remainder of the cal-
endar quarter.
(3) Except for the United States and American Samoa, an independent
country, self-governing dominion, or territory under the international trust-
116
eeship system of the United Nations is a foreign country under this sub-
section when approved by the Secretary of State.
(4) Approval is deemed to have been given under paragraph (3) of this
subsection to—
(A) Taiwan (China); and
(B) Hong Kong.
(5) The Secretary shall specify the foreign country to which any other
inhabited land is to be attributed. The Secretary shall issue appropriate in-
structions to diplomatic and consular offices when the territorial limits of
a foreign country change and the Secretary recognizes the change.
(b) SPECIAL RULES FOR SPOUSES AND CHILDREN OF ALIENS LAW-
FULLY ADMITTED FOR PERMANENT RESIDENCE.—(1) Of the visa numbers
available under section 4103(c) of this title in a fiscal year to immigrants
described in section 4103(c)(1)(A) of this title—
(A) 75 percent of the 77 percent of the total number of visas avail-
able under section 4103(c) to those immigrants shall be issued without
regard to the numerical limitation established under subsection (a)(1)
of this section; and
(B) if a foreign country or dependent area is subject to subsection
(c) of this section, the remaining 25 percent of the 77 percent shall
be made available to natives of that country or area only to the extent
that the total number of visas issued under subparagraph (A) of this
paragraph to those immigrants is less than 77 percent of the maximum
number of visas available under subsection (c)(1)(B) of this section to
immigrants described in section 4103(c) of this title who are natives
of that country or area.
(2) For a foreign country or dependent area to which subsection (c) of
this section applies—
(A) the number of immigrant visas that may be made available
under section 4103(c) of this title to natives of the country or area who
are described in section 4103(c)(1)(B) of this title may not be more
than the greater of—
(i) 23 percent of the maximum number of visas available con-
sistent with subsection (c) of this section to immigrants described
in section 4103(c) of this title who are natives of the country or
area; or
(ii) the number, if any, by which the maximum number of visas
available under subsection (c)(1)(B) of this section to immigrants
described in section 4103(c) of this title who are natives of the
country or area is more than the number of visas issued to immi-
grants described in section 4103(c)(1)(A) of this title; and