An Act to amend the Immigration and Nationality Act, and for other purposes.
PL 94-571 (H.R.14535), enacted 10/20/1976

PUBLIC LAW 94-571—OCT. 20, 1976 
90 STAT. 2703 
Public Law 94-571 
94th Congress 
An Act 
To amend the Immigration and Nationality Act, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Immigration and Nationality Act Amendments of 
1976". 
k5Ec. 2. Section 201 of the Immigration and Nationality Act (8 
U.S.C. 1151) is amended— 
(1) by striking out subsection (a) and inserting in lieu thereof 
the following: 
"SEC. 201. (a) Exclusive of special immigrants defined in section 
101(a) (27), and immediate relatives of United States citizens as 
specified in subsection (b) of this section, (1) the number of aliens 
born in any foreign state or dependent area located in the Eastern 
Hemisphere who may be issued immigrant visas or who may otherwise 
acquire the status of an alien lawfully admitted to the United States 
for permanent residence, or who may, pursuant to section 203(a) (7), 
enter conditionally, shall not in any of the first three quarters of any 
fiscal year exceed a total of 45,000 and shall not in any fiscal year 
exceed a total of 170,000; and (2) the number of aliens born in any 
foreign state of the Western Hemisphere or in the Canal Zone, or in 
a dependent area located in the Western Hemisphere, who may be 
issued immigrant visas or who may otherwise acquire the status of 
an alien lawfully admitted to the United States for permanent resi-
dence, or who may, pursuant to section 203(a) (7), enter conditionally 
shall not in any of the first three quarters of any fiscal year exceed a 
total of 32,000 and shall not in any fiscal year exceed a total of 
120,000."; and 
(2) by striking out subsections (c), (d),and (e). 
SEC. 3. Section 202 of the Immigration and Nationality Act (8 
U.S.C. 1152) is amended— 
(1) by striking out the last proviso in subsection (a); 
(2) by striking out subsection (c) and inserting in lieu thereof 
the following: 
"(c) Any immigrant born in a colony or other component or 
dependent area of a foreign state overseas from the foreign state, 
other than a special immigrant, as defined in section 101(a) (27), or 
an immediate relative of a United States citizen, as defined in section 
201 (b), shall be chargeable for the purpose of the limitations set forth 
in sections 201 (a) and 202(a), to the hemisphere in which such colony 
or other component or dependent area is located, and to the foreign 
state, respectively, and the number of immigrant visas available to 
each such colony or other component or dependent area shall not 
exceed 600 in any one fiscal year."; and 
(3) by inserting at the end thereof the following new 
subsection: 
Oct. 20, 1976 
[H.R. 14535] 
Immigration and 
Nationality Act 
Amendments of 
1976. 
8 u s e 1101 note. 
8 u s e 1101. 
8 u s e 1153. 
90 STAT. 2704 
PUBLIC LAW 94-571—OCT. 20, 1976 
"(e) Whenever the maximum number of visas or conditional 
8 use 1152. 
entries have been made available under section 202 to natives of any 
single foreign state as defined in subsection (b) of this section or any 
dependent area as defined in subsection (c) of this section in any fiscal 
year, in the next following fiscal year a number of visas and condi-
tional entries, not to exceed 20,000, in the case of a foreign state or 600 
in the case of a dependent area, shall be made available and allocated 
as follows: 
"(1) Visas shall first be made available, in a number not to 
exceed 20 per centum of the number specified in this subsection, 
to qualified immigrants who are the unmarried sons or daughters 
of citizens of the United States, 
"(2) Visas shall next be made available, in a number not to 
exceed 20 per centum of the number specified in this subsection, 
plus any visas not required for the classes specified in paragraph 
(1), to qualified immigrants who are the spouses, unmarried sons, 
or unmarried daughters of an alien lawfully admitted for perma-
nent residence. 
"(3) Visas shall next be made available, in a number not to 
exceed 10 per centum of the number specified in this subsection, 
to qualified immigrants who are members of the professions, or 
who because of their exceptional ability in the sciences or the arts 
will substantially benefit prospectively the national economy, 
cultural interests, or welfare of the United States, and whose 
services in the professions, sciences, or arts are sought by an 
employer in the United States. 
. 
" (4) Visas shall next be made available, in a number not to 
exceed 10 per centum of the number specified in this subsection, 
plus any visas not required for the classes specified in paragraphs 
(1) through (3), to qualified immigrants who are the married sons 
or the married daughters of citizens of the United States. 
"(5) Visas shall next be made available, in a number not to 
exceed 24 per centum of the number specified in this subsection, 
plus any visas not required for the classes specified in paragraphs 
(1) through (4), to qualified immigrants who are the brothers or 
sisters of citizens of the United States, provided such citizens are 
at least twenty-one years of age. 
"(6) Visas shall next be made available, in a number not to 
exceed 10 per centum of the number specified in this subsection, 
to qualified immigrants capable of performing specified skilled 
or unskilled labor, not of a temporary or seasonal nature, for 
which a shortage of employable and willing persons exists in the 
United States. 
"(7) Conditional entries shall next be made available by the 
Attorney General, pursuant to such regulations as he may pre-
scribe, in a number not to exceed 6 per centum of the number 
specified in this subsection, to aliens who satisfy an Immigration 
and Naturalization Service officer at an examination in any non-
Communist or non-Communist-dominated country, (A) that (i) 
because of persecution or fear of persecution on account of race, 
reliarion, or political opinion thev have fled (I) from anv Com-
munist or Communist-dominated country or area, or (II) from 
any country within the general area of the Middle East, and (ii) 
are unable or unwilling to return to such country or area on 
account of race, religion, or political opinion, and (iii) are not 
nationals of the countries or areas in which their application for 
conditional entry is made; or (B) that they are persons uprooted 
PUBLIC LAW 94-571—OCT. 20, 1976 
90 STAT. 2705 
by catastrophic natural calamity as defined by the President who 
are unable to return to their usual phice of abode. For the purpose 
"General area of 
of the foregoing the term 'general area of the Middle East' means 
the Middle East." 
the area between and including (1) Libya on the west, (2) Turkey 
on the north, (3) Pakistan on the east, and (4) Saudi Arabia and 
Ethiopia on the south: Provided^ 
That immigrant visas in a 
number not exceeding one-half the number specified in this para-
graph may be made available, in lieu of conditional entries of a 
like number, to such aliens who have been continuously physically 
present in the United States for a period of at least two years 
prior to application for adjustment of status. 
" (8) Visas so allocated but not required for the classes specified 
in paragraphs (1) through (7) shall be made available to other 
qualified immigrants strictly in the chronological order in which 
they qualify.". 
SEC. 4. Section 203 of the Immigration and Nationality Act (8 
U.S.C. 1153) is amended— 
(1) by striking out "201(a) (ii)" each place it appears in para-
graphs (1) through (7) of subsection (a) and inserting in lieu 
thereof in each such place "201(a) (1) or (2)"'; 
' 
(2) by striking out the period at the end of paragraph (3) of 
subsection (a) and inserting in lieu thereof a comma and the fol-
lowing : "and whose services in the professions, sciences, or arts 
are sought by an employer in the United States."; 
(3) jjy striking out the period at the end of paragraph (5) of 
subsection (a) and inserting in lieu thereof a comma and the 
following: "provided such citizens are at least twenty-one years 
of age."; and 
(4) by striking out the second sentence of subsection (e) and 
inserting in lieu thereof the following: "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 
him of the availability of such visa, but the Secretary shall rein-
state the registration of any such alien who establishes within 
two years following notification of the availability of such visa 
that such failure to appl}^ was due to circumstances beyond his 
control. Upon such termination the approval of any petition 
approved pursuant to section 204(b) shall be automatically 
8 USC1154. 
revoked.". 
SEC. 5. Section 212(a) (14) of such Act (8 U.S.C. 1182(a) (14)) is 
amended to read as follows: 
" (14) Aliens seeking to enter the United States, for the purpose 
of performing skilled or unskilled labor, unless the Secretary of 
Labor has determined and certified to the Secretary of State and 
the Attorney General that (A) there are not sufficient workers 
who are able, willing, qualified (or equally qualified in the case 
of aliens who are members of the teaching profession or who have 
exceptional ability in the sciences or tlie arts), and available at 
the time of application for a visa and admission to the United 
States and at the place where the alien is to perform such skilled 
or unskilled labor, and (B) the employment of such aliens will 
not adversely affect the wages and working conditions of the 
workers in the United States similarly employed. The exclusion 
of aliens under this paragraph shall apply to preference immi-
grant aliens described in section 203(a) (3) and (6), and to non- 8 USC 1153. 
preference immigrant aliens described in section 203(a) (8) ;". 
SEC. 6. Section 245 of the Immigration and Nationality Act (8 
U.S.C. 1255) is amended to read as follows: 
90 STAT. 2706 
PUBLIC LAW 94-571—OCT. 20, 1976 
Ante, p. 2703. 
8 use 1153. 
8 use 1151. 
Repeal. 
Cuban refugees, 
adjustment of 
status. 
"SEC. 245. (a) The status of an alien who was mspected and 
admitted or paroled into the United States may be adjusted by the 
Attorney General, in his discretion and under such regulations as he 
may prescribe, to that of an alien lawfully admitted for permanent 
residence if (1) the alien makes an application for such adjustment, 
(2) the alien is eligible to receive an immigrant visa and is admis-
sible to the United States for permanent residence, and (3) an immi-
grant visa is immediately available to him at the time his application 
is filed. 
"(b) Upon the approval of an application for adjustment made 
under subsection (a), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date the order of 
the Attorney General approving the application for the adjustment 
of status is made, and the Secretary of State shall reduce by one the 
number of the preference or nonpreference visas authorized to be 
issued under sections 202(e) or 203(a) within the class to which the 
alien is chargeable for the fiscal year then current. 
"(c) The provisions of this section shall not be applicable to (1) an 
alien crewman; (2) an alien (other than an immediate relative as 
defined in section 201 (b)) who hereafter continues in or accepts unau-
thorized employment prior to filing an application for adjustment of 
status; or (3) any alien admitted in transit without visa under section 
212(d)(4)(C).". 
S E C 7. (a) Section 101(a) (27) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a) (27)) is amended by striking out subparagraph 
(A) and by redesignating subparagraphs (B) through (E) as sub-
paragraphs (A) through (D), respectively. 
(b) Section 204 of such Act (8 U.S.C. 1154) is amended to add a 
new subsection (f), to read as follows: 
"(f) The provisions of this section shall be applicable to qualified 
immigrants specified in paragraphs 
(1) through 
(6) of section 
202(e).". 
(c) Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by 
striking out "section 101(a) (27) ( B ) " and inserting in lieu thereof 
"section 101(a) (27) (A)". 
(d) Section 212(a) (24) of such Act (8 U.S.C. 1182(a) (24)) is 
amended by striking out "101 (a) (27) (A) and ( B ) " and inserting 
in lieu thereof "101(a) (27) (A) and aliens born in the Western 
Hemisphere". 
(e) Section 241(a) (10) of such Act (8 U.S.C. 1251(a) (10)) is 
amended by striking out the language in the parentheses and insert-
ing in lieu thereof the following: "other than an alien described in 
section 101(a) (27) (A) and aliens born in the Westei-n Hemisphere". 
(f) Section 244(d) of such Act (8 U.S.C. 1254(d)) is amended by 
striking out "is entitled to special immigrant classification under 
section 101(a) (27) (A),or". 
(g) Section 21(e) of the Act of October 3, 1965 (Public Law 
89-236; 79 Stat. 921), is repealed. 
SEC. 8. The Act ejititled "An Act to adjust the status of Cuban refu-
gees to tliat of lawful permanent residents of the United States, and for 
other purposes", approved November 2, 1966 (8 U.S.C. 1255, note), is 
amended by adding at the end thereof the following new section: 
"SEC. 5. The ai)prova1 of an application for adjustment of status to 
that of lawful permanent resident of the United States pui-suant to 
the provisions of socticm 1 of this Act shall not require the Secretary of 
State to reduce the number of visas authorized to be issued in any class 
in the case of any alien who,is physically present in the United States 
PUBLIC LAW 94-571~OCT. 20, 1976 
90 STAT. 2707 
8 u s e 1153 note. 
Numerical 
limitation. 
on or before the effective date of the Immigration and Nationality Act 
Amendments of 1976." 
SEC. 9. (a) The amendments made by this Act shall not operate to 
affect the entitlement to immigrant status or the order of consideration 
for issuance of an immigrant visa of an alien entitled to a preference 
status, under section 203(a) of the Immigration and Nationality Act, 8 USC 1153 
as in effect on the day before the effective date of this Act, on the 
basis of a petition filed with the Attorney General prior to such effec-
tive date. 
(b) An alien chargeable to the numerical limitation contained in 
section 21(e) of the Act of October 3, 1965 (79 Stat. 921), who estab-
lished a priority date at a consular office on the basis of entitlement to 
immigrant status under statutory or regulatory provisions in existence 
on the day before the effective date of this Act shall be deemed to be 
entitled to immigrant status under section 203(a) (8) of the Immigra-
tion and Nationality Act and shall be accorded the priority date pre-
viously established by him. Nothing in this section shall be construed 
to preclude the acquisition by such an alien of a preference status under 
section 203(a) of the Immigration and Nationality Act, as amended 
by section 4 of this Act. Any petition filed by, or in behalf of, such an 
alien to accord him a preference status under section 203 (a) shall, upon 
approval, be deemed to have been filed as of the priority date pre-
viously established by such alien. The numerical limitation to which 
such an alien shall be chargeable shall be determined as provided in 
sections 201 and 202 of the Immigration and Nationality Act, as 
amended by this Act. 
SEC. 10. The foregoing provisions of this Act, including the amend-
ments made by such provisions, shall become effective on the first day 
of the first month which begins more than sixty days after the date of 
enactment of this Act. 
Effective date. 
8 USC 1101 note. 
Approved October 20, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1553 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 29, considered and passed House. 
Oct. 1, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: 
Oct. 21, Presidential statement.