((a)) ** Per country level**

((1)) ** Nondiscrimination**

((A)) Except as specifically provided in paragraph (2) and in sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.

((B)) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

((2)) ** Per country levels for family-sponsored and employment-based immigrants** Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.section 1153 of this title

((3)) ** Exception if additional visas available** If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.section 1153 of this title

((4)) ** Special rules for spouses and children of lawful permanent resident aliens**

((A)) ** 75 percent of 2nd preference set-aside for spouses and children not subject to per country limitation**

((i)) ** In general** Of the visa numbers made available under to immigrants described in in any fiscal year, 75 percent of the 2–A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2).section 1153(a) of this titlesection 1153(a)(2)(A) of this title

((ii)) ** “2–A floor” defined** In this paragraph, the term “2–A floor” means, for a fiscal year, 77 percent of the total number of visas made available under to immigrants described in in the fiscal year.section 1153(a) of this titlesection 1153(a)(2) of this title

((B)) ** Treatment of remaining 25 percent for countries subject to subsection (e)**

((i)) ** In general** Of the visa numbers made available under to immigrants described in in any fiscal year, the remaining 25 percent of the 2–A floor shall be available in the case of a state or area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)).section 1153(a) of this titlesection 1153(a)(2)(A) of this title

((ii)) ** “Subsection (e) ceiling” defined** In clause (i), the term “subsection (e) ceiling” means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under to immigrants who are natives of the state or area under consistent with subsection (e).section 1153(a) of this titlesection 1153(a)(2) of this title

((C)) ** Treatment of unmarried sons and daughters in countries subject to subsection (e)** In the case of a foreign state or dependent area to which subsection (e) applies, the number of immigrant visas that may be made available to natives of the state or area under may not exceed—

((i)) 23 percent of the maximum number of visas that may be made available under to immigrants of the state or area described in consistent with subsection (e), or

((ii)) the number (if any) by which the maximum number of visas that may be made available under to immigrants of the state or area described in consistent with subsection (e) exceeds the number of visas issued under ,

((D)) ** Limiting pass down for certain countries subject to subsection (e)** In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under exceeds the maximum number of visas that may be made available to immigrants of the state or area under consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of under subsection (e)(2) all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.section 1153(a)(2) of this titlesection 1153(a)(2) of this titlesection 1153(a) of this title

((5)) ** Rules for employment-based immigrants**

((A)) ** Employment-based immigrants not subject to per country limitation if additional visas available** If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.section 1153(b) of this title

((B)) ** Limiting fall across for certain countries subject to subsection (e)** In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under exceeds the maximum number of visas that may be made available to immigrants of the state or area under consistent with subsection (e) (determined without regard to this paragraph), in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in .section 1153(b) of this titlesection 1153(b) of this titlesection 1153(b) of this title

((b)) ** Rules for chargeability** Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this chapter the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien’s birth may be charged to the foreign state of either parent.

((c)) ** Chargeability for dependent areas** Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.section 1151(b) of this title

((d)) ** Changes in territory** In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices.

((e)) ** Special rules for countries at ceiling** If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of , visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and ) in a manner so that—

((1)) the ratio of the visa numbers made available under to the visa numbers made available under is equal to the ratio of the worldwide level of immigration under to such level under ;

((2)) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under , and

((3)) except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under .