What US INA Worldwide Level of Immigration (8 USC 1151): Family, Employment, Diversity Limits and Immediate Relatives requires
Section 201 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1151, fixes the annual worldwide levels of immigration and identifies the categories that are exempt from those levels, administered by US Citizenship and Immigration Services and the Department of State. Section 1151(a) provides that, exclusive of the immediate relatives and other specified aliens, immigrant visas are made available to family-sponsored immigrants, employment-based immigrants and diversity immigrants subject to the worldwide levels set in the section, with a quarterly limitation on issuance. Section 1151(b) exempts certain aliens from the worldwide levels, most importantly immediate relatives, defined as the children, spouses and parents of a citizen of the United States, except that in the case of parents the citizen son or daughter must be at least 21 years of age. Section 1151(c) sets the worldwide level of family-sponsored immigrants at 480,000 minus the number of immediate relatives and other adjustments computed under the formula, plus any unused employment-based numbers, subject to a statutory floor. Section 1151(d) sets the worldwide level of employment-based immigrants at 140,000 plus any unused family-sponsored numbers from the prior year. Section 1151(e) sets the worldwide level of diversity immigrants at 55,000 for each fiscal year. Correctly applying this section determines how many immigrant visas exist in each category in a given year and which applicants fall outside the numerical caps entirely, which in turn drives the priority-date waits administered through the monthly Visa Bulletin.
Pillar: Immigration & Border Control · Authority: US Congress / US Citizenship and Immigration Services and Department of State · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 08abad3f6edf12dc80d2d6a1df9e01caa8b53996bda0c9974e12dfa4451eda74
Primary Citations — 8 traced to source
- Immigration and Nationality Act 201, 8 U.S.C. 1151(a) - immigrant visas made available to family-sponsored, employment-based and diversity immigrants subject to the worldwide levels and a quarterly limitation.
- Immigration and Nationality Act 201, 8 U.S.C. 1151(b) - aliens exempt from the worldwide levels, including immediate relatives.
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