INA §203 (2011): Allocation of immigrant visas

Preference allocation for family-sponsored immigrants

1.: Unmarried sons and daughters of citizens
2.: Spouses and unmarried sons and unmarried daughters of permanent resident aliens
3.: Married sons and married daughters of citizens
4.: Brothers and sisters of citizens

Preference allocation for employment-based immigrants

Priority workers

A.: Aliens with extraordinary ability
B.: Outstanding professors and researchers
C.: Certain multinational executives and managers

Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability

Waiver of job offer

National interest waiver

Physicians working in shortage areas or veterans facilities

I.: In general
II.: Prohibition
III.: Statutory construction
IV.: Effective date

Determination of exceptional ability

Skilled workers, professionals, and other workers

i.: Skilled workers
ii.: Professionals
iii.: Other workers

Limitation on other workers

Labor certification required

Certain special immigrants

Employment creation

Set-aside for targeted employment areas

i.: In general
ii.: “Targeted employment area” defined
iii.: “Rural area” defined

Amount of capital required

i.: In general
ii.: Adjustment for targeted employment areas
iii.: Adjustment for high employment areas

Full-time employment defined

Special rules for “K” special immigrants

Not counted against numerical limitation in year involved

Counted against numerical limitations in following year

i.: Reduction in employment-based immigrant classifications
ii.: Reduction in per country level
iii.: Reduction in employment-based immigrant classifications within per country ceiling

Diversity immigrants

Determination of preference immigration

Identification of high-admission and low-admission regions and high-admission and low-admission states

Determination of percentage of worldwide immigration attributable to high-admission regions

Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission regions and high-admission regions

Distribution of visas

i.: No visas for natives of high-admission states
ii.: For low-admission states in low-admission regions
iii.: For low-admission states in high-admission regions
iv.: Redistribution of unused visa numbers
v.: Limitation on visas for natives of a single foreign state

“Region” defined

Requirement of education or work experience

Maintenance of information

Treatment of family members

Order of consideration

Authorization for issuance

Rules for determining whether certain aliens are children

1.: In general
2.: Petitions described
3.: Retention of priority date
4.: Application to self-petitions