Page:United States Statutes at Large Volume 104 Part 6.djvu/610

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104 STAT. 5000 PUBLIC LAW 101-649—NOV. 29, 1990 8 USC 1153 note. SEC. 132. DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES. (a) IN GENERAL. — Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act, there shall be made available to qualified immigrants described in sul^ection (b) 40,000 immigrant visas in each of fiscal years 1992, 1993, and 1994. (b) QUALIFIED ALIEN DESCRIBED. — An alien described in this subsection is an alien who— (1) is a native of a foreign state that is not contiguous to the United States and that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986, (2) has a firm commitment for employment in the United States for a period of at least 1 year (beginning on the date of admission under this section), and (3) except as provided in subsection (c), is admissible as an immigrant. (c) DISTRIBUTION OF VISA NUMBERS.— The Secretary of State shall provide for making immigrant visas provided under subsection (a) available in the chronological order in which aliens apply for each fiscal year, except that at least 40 percent of the number of such visas in each fiscal year shall be made available to natives of the foreign state the natives of which received the greatest number of visas issued under section 314 of the Immigration Reform and Control Act (or to aliens described in subsection (d) who are the spouses or children of such natives). (d) DERIVATIVE STATUS FOR SPOUSES AND CHILDREN. — A spouse or child (as defined in section 101(b)(l)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent. (e) WAIVERS OF GROUNDS OF EXCLUSION.— In determining the admissibility of an alien provided a visa number under this section, the grounds of exclusion specified in paragraphs (5)(B) and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply, and the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of such section, unless the Attorney General finds that such a waiver is not in the national interest. (f) APPLICATION FEE. — The Secretary of State shall require pay- ment of a reasonable fee for the filing of an application under this section in order to cover the costs of processing applications under this section. 8 USC 1153 note. SEC. 133. ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF AVAILABILITY OF NP-5 VISAS. Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationsdity Act, there shall be made available in fiscal year 1991 immigrant visa numbers for qualified immigrants who— (1) were notified by the Secretary of State before May 1, 1990, of their selection for issuance of a visa under section 314 of the Immigration Reform and Control Act of 1986, and (2) are qualified for the issuance of such a visa but for (A) numerical and fiscal year limitations on the issuance of such