Allocation of Immigrant Visas

(a) Preference Allocation for Family-Sponsored Immigrants

Aliens subject to the worldwide level specified in section 1151(c) of this title for family-sponsored immigrants shall be allotted visas as follows:

(1) Unmarried Sons and Daughters of Citizens

Qualified immigrants, being the unmarried sons or daughters of citizens of the United States, shall be allocated visas, not exceeding 23,400, plus any visas not required for the class specified in paragraph (4).

(2) Spouses and Unmarried Sons and Unmarried Daughters of Permanent Resident Aliens

Qualified immigrants who are:

  • (A) Spouses or children of an alien lawfully admitted for permanent residence, or
  • (B) Unmarried sons or unmarried daughters (excluding children) of an alien lawfully admitted for permanent residence,

shall be allocated visas, not exceeding 114,200, plus the number (if any) by which the worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1). However, not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).

(3) Married Sons and Married Daughters of Citizens

Qualified immigrants, being the married sons or married daughters of citizens of the United States, shall be allocated visas, not exceeding 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).

(4) Brothers and Sisters of Citizens

Qualified immigrants, being the brothers or sisters of citizens of the United States (if such citizens are at least 21 years of age), shall be allocated visas, not exceeding 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).

(b) Preference Allocation for Employment-Based Immigrants

Aliens subject to the worldwide level specified in section 1151(d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:

(1) Priority Workers

Visas shall be made available, not exceeding 28.6 percent of the worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in subparagraphs (A) through (C):

  • (A) Aliens with Extraordinary Ability
  • (B) Outstanding Professors and Researchers
  • (C) Certain Multinational Executives and Managers

Leave a comment!

Your email address will not be published. Required fields are marked *