WHAT THE LAW DOINCongress, in plain words

The law › Title 8, Aliens and Nationality › Chapter 12

8 U.S.C. 1153: Allocation of immigrant visas

Created in 1957 by Public Law 85-316. Changed by 17 later laws. 2 bills in this Congress would change it.

16 other sections of the Code cite this one, including 8 U.S.C. 1101, 8 U.S.C. 1151, 8 U.S.C. 1152, 8 U.S.C. 1153a, 8 U.S.C. 1154.

5 parts of federal rules cite it as their authority, written by Department of Homeland Security (2), Executive Office for Immigration Review, Department of Justice (2), Department of State (1).

This Congress

  • H.R. 10896 To terminate the diversity immigrant visa program. · introduced · would change the section as a whole
  • H.R. 9877 Health Equity and Accountability Act of 2026 · introduced · would change (b)

How it got here

2022

  • Pub. L. 117–103, §102(a)(1)(A), substituted "(C) and which is expected to remain invested for not less than 2 years; and" for "(C), and". (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(1)(B), substituted "by creating" for "and create" and inserted ", United States nationals," after "citizens". (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to set-aside for targeted employment areas. (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(3)(A), substituted "$1,050,000" for "$1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentenc… (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(3)(B), amended cl. (ii) generally. Prior to amendment, text read as follows: "The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but n… (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(3)(D), added cl. (iii). Former cl. (iii) redesignated (iv). (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(3)(C), (E), redesignated cl. (iii) as (iv) and, in concluding provisions, substituted "Secretary of Homeland Security" for "Attorney General" and inserted ", as adjusted under clause (iii)" before period at end. (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) defined "full-time employment". (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §103(b)(1), added subpars. (E) to (Q). (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §103(c)(1), added subpar. (R). (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §108, added subpar. (S). (Consolidated Appropriations Act, 2022) Law text · (b)
  • Pub. L. 117–103, §102(b), added par. (5). (Consolidated Appropriations Act, 2022) Law text · (h)

2006

  • Pub. L. 109–162 added par. (4). (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (h)

2002

  • Pub. L. 107–273, §11036(a)(1)(A), substituted "enterprise (including a limited partnership)—" for "enterprise—" in introductory provisions. (21st Century Department of Justice Appropriations Authorization Act) Law text · (b)
  • Pub. L. 107–273, §11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: "which the alien has established,". (21st Century Department of Justice Appropriations Authorization Act) Law text · (b)
  • Pub. L. 107–273, §11036(a)(2), substituted "invest in" for "establish". (21st Century Department of Justice Appropriations Authorization Act) Law text · (b)
  • Pub. L. 107–273, §11035, added subpar. (D). (21st Century Department of Justice Appropriations Authorization Act) Law text · (b)
  • Pub. L. 107–208 added subsec. (h). (Child Status Protection Act) Law text · (h)

2000

  • Pub. L. 106–536 inserted before period at end ", and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101(a)(27)(M) of this title". Law text · (b)

1999

  • Pub. L. 106–95 and Pub. L. 106–113 amended subpar. (B) generally in substantially identical manner. Pub. L. 106–95 provided headings. Text is based on Pub. L. 106–113. Prior to amendment, text read as follows: "The Attorney General may, when he deems it to be in the national inte… (Nursing Relief for Disadvantaged Areas Act of 1999) Law text · (b)

1994

  • Pub. L. 103–416, §219(c), substituted "Targeted" and "targeted" for "Targetted" and "targetted", respectively, wherever appearing in headings and text. · (b), (C)
  • Pub. L. 103–416, §212(b), struck out subpar. (C) which related to application of separate numerical limitations. · (b)

1991

  • Pub. L. 102–232, §302(b)(2)(A), substituted "28.6 percent of such worldwide level" for "40,000". · (b)
  • Pub. L. 102–232, §302(b)(2)(B), substituted "the alien seeks" for "who seeks". · (b)
  • Pub. L. 102–232, §302(b)(2)(A), substituted "28.6 percent of such worldwide level" for "40,000". · (b)
  • Pub. L. 102–232, §302(b)(2)(D), inserted "professions," after "arts,". · (b)
  • Pub. L. 102–232, §302(b)(2)(A), substituted "28.6 percent of such worldwide level" for "40,000". · (b)
  • Pub. L. 102–232, §302(b)(2)(C), substituted "7.1 percent of such worldwide level" for "10,000". · (b), (5)
  • Pub. L. 102–110 added par. (6). · (b)
  • Pub. L. 102–232, §302(e)(3), substituted "Authorization for issuance" for "Presumption" in heading, struck out at beginning "Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section, section 1101(a)(27) of this title, or section 1151(b)(2) of this … · (f)

1990

  • Pub. L. 101–649, §111(2), added subsec. (a) and struck out former subsec. (a) which related to allocation of visas of aliens subject to section 1151(a) limitations. · (a)
  • Pub. L. 101–649, §603(a)(3), substituted "section 1182(a)(5) of this title" for "section 1182(a)(14) of this title". · (a)
  • Pub. L. 101–649, §§111(1), 121(a), added subsec. (b) and redesignated former subsec. (b) as (d). · (b)
  • Pub. L. 101–649, §§111(1), 131, added subsec. (c) and redesignated former subsec. (c) as (e). · (c)
  • Pub. L. 101–649, §162(a)(1), added subsec. (d) and struck out former subsec. (d) which related to order of consideration given applications for immigrant visas. · (d)
  • Pub. L. 101–649, §111(1), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (f). · (d)
  • Pub. L. 101–649, §162(a)(1), added subsec. (e) and struck out former subsec. (e) which related to order of issuance of immigrant visas. · (e)
  • Pub. L. 101–649, §111(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). · (e)
  • Pub. L. 101–649, §162(a)(1), added subsec. (f) and struck out former subsec. (f) which related to presumption of nonpreference status and grant of status by consular officers. · (f)
  • Pub. L. 101–649, §111(1), redesignated subsec. (d) as (f). · (f)
  • Pub. L. 101–649, §162(a)(1), added subsec. (g) and struck out former subsec. (g) which related to estimates of anticipated numbers of visas to be issued, termination and reinstatement of registration of aliens, and revocation of approval of petition. · (g)
  • Pub. L. 101–649, §111(1), redesignated subsec. (e) as (g). · (g)

1980

  • Pub. L. 96–212, §203(c)(1)–(6), in introductory text struck out applicability to conditional entry, in par. (2) substituted "(26)" for "(20)", struck out par. (7) relating to availability of conditional entries, redesignated former par. (8) as (7) and struck out applicability to number… · (a)
  • Pub. L. 96–212, §203(c)(7), substituted "preference status under paragraphs (1) through (6)" for "preference status under paragraphs (1) through (7)". · (d)
  • Pub. L. 96–212, §203(c)(8), struck out subsec. (f) which related to reports to Congress of refugees conditionally entering the United States. · (f)
  • Pub. L. 96–212, §203(c)(8), struck out subsec. (g) which set forth provisions respecting inspection and examination of refugees after one year. · (g)
  • Pub. L. 96–212, §203(i), substituted provisions relating to inspection and examination of refugees after one year for provisions relating to inspection and examination of refugees after two years. · (g)
  • Pub. L. 96–212, §203(c)(8), struck out subsec. (h) which related to the retroactive readjustment of refugee status as an alien lawfully admitted for permanent residence. · (h)

1978

  • Pub. L. 95–412 substituted "1151(a) of this title" for "1151(a)(1) or (2) of this title" wherever appearing. · (a)
  • Pub. L. 95–417 inserted provisions requiring a valid adoption home-study prior to the granting of a nonpreference visa for children adopted abroad or coming for adoption by United States citizens and requiring that no other nonpreference visa be issued to an unmarried child under th… · (a)

1976

  • Pub. L. 94–571, §4(1)–(3), substituted "section 1151(a)(1) or (2) of this title" for "section 1151(a)(ii) of this title" in pars. (1) to (7); made visas available, in par. (3), to qualified immigrants whose services in the professions, sciences, or arts are sought by an employer in the… · (a)
  • Pub. L. 94–571, §4(4), substituted provision requiring Secretary of State to terminate the registration of an alien who fails to apply for an immigrant visa within one year following notification of the availability of such visa, including provision for reinstatement of a registration … · (e)

1965

  • Pub. L. 89–236 substituted provisions setting up preference priorities and percentage allocations of the total numerical limitation for the admission of qualified immigrants, consisting of unmarried sons or daughters of U.S. citizens (20 percent), husbands, wives, and unmarried sons or… · (a)
  • Pub. L. 89–236 substituted provisions requiring that consideration be given applications for immigrant visas in the order in which the classes of which they are members are listed in subsec. (a), for provisions allowing issuance of quota immigrant visas under the previous national orig… · (b)
  • Pub. L. 89–236 substituted provisions requiring issuance of immigrant visas pursuant to paragraphs (1) through (6) of subsection (a) of this section in the order of filing of the petitions therefor with the Attorney General, for provisions which related to issuance of quota immigrant v… · (c)
  • Pub. L. 89–236 substituted provisions requiring each immigrant to establish his preference as claimed and prohibiting consular officers from granting status of immediate relative of a United States citizen or preference until authorized to do so, for provisions spelling out the order f… · (d)
  • Pub. L. 89–236 substituted provisions authorizing Secretary of State to make estimates of anticipated members of visas issued and to terminate the waiting-list registration of any registrant failing to evidence a continued intention to apply for a visa, for provisions establishing a pr… · (e)
  • Pub. L. 89–236 added subsecs. (f) to (h). · (f), (g), (h)

1959

  • Pub. L. 86–363, §1, accorded adult unmarried sons or daughters of United States citizens second preference in the allocation of immigrant visas within quotas. · (a)
  • Pub. L. 86–363, §2, substituted "unmarried sons or daughters" for "children". · (a)
  • Pub. L. 86–363, §3, substituted "married sons or married daughters" for "sons, or daughters", increased percentage limitation from 25 to 50 per centum, and made preference available to spouses and children of qualified quota immigrants if accompanying them. · (a)

1957

  • Pub. L. 85–316 substituted "or following to join him" for "him". · (a)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.