Section 201-of the Immigrant and Nationality Act (IA), as amended, sets an annual minimum family-sponsored preference limit of 226,000. The world-wide level for annual employment-based Immigrants effective in Fiscal Year 1992 is at least 140,000. Section 202,  as amended, prescribes that the foreign state per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limit, i.e., a minimum of 25,620. The dependent area limit is set at2%, or a minimum of 7,320. The limit for Hong Kong is set at 10,000 through FY 1993, after which the regular foreign sate limit will apply to Hong Kong.

Section 203 of the Act, as amended, prescribes preference classes for allotment of, Immigrant visas a follows.

FAMILY SPONSORED PREFERS- ENCES First:

 Unmarried sons and daughter of citizens 23, 4000 plus any numbers not required for fourth preference.

Second: Spouses and children, and unmarried sons and daughters of permanent residences: 114,200, plus the number Gif any) by which the world-wide family preference level exceeds 226,000, and any used first preference number

A, Spouses and children: 87,934 minimum, i.e. 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B, Unmarried sons and daughters (21 years of age or older): 26, 2666, i.e. 23% of the overall second preference limitation.

Third Married sons and daughters of citizens: 23, 4000, plus any numbers not required by first and second preferences.

Fourth: Brothers and sisters of adult citizens: 65, 000, plus any numbers not required by firs, second and third preferences.

EMPLOYMENT BASED PREFER- ENCES

First: Priority Workers: 40,000 plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of, Exceptional Ability: 40,000, plus any numbers not required by first preference. Third: Skilled Workers, Professionals, and Other Workers: 40,000, plus any numbers not required by first and second preferences, not more than 10,000 of which to “other workers.

Fourth: Certain Special Immigrants:  10,000 not more than 5,000 of which to the Religious Workers described in Immigration and Nationality Act ( INA) section 101 a 27) (c) (ii)( ii) and ii.

Fifth: Employment Creation: 10,000 not Jess than 3,000 of which are reserved for investors in a targeted rural or high reemployment area.

IA Section 203 (e) provides that family- sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed, Section 203 (4) provides that spouses and children of preference Immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal, The visa prorating provisions of Section 202 (c), as revised by the Immigration. Act of 1990, will apply to allocations for a foreign state or dependent area in any fiscal year when visa demand exceeds the per-country limit. The provisions of Section 202(e) apply at present to the following oversubscribed chargeability areas: Chit mainland, Dominican Republic Mexico, and the Philippines.

SPOUSES AND CHILDREN OF LE- GALIZATION BENEFICIARIES

Section 112 of the Immigration Act of 1990 provides $5,000 Immigrant Visas during each of fiscal years. 1992, 1993, and 1994 to spouses and children of eligible legalizes aliens. The total available for each fiscal year must be reduced, however, by the extent to which immediate relative immigration in the previous year exceeds 239,000.

Article extracted from this publication >> October 4, 1991