1 2 3 4 8 commodities, services, patents, processes, or techniques invested in such enterprise. "(5) Visas authorized in any fiscal year, less those required for issuance to the classes specified in paragraphs 5 (1) through (4) shall be made available to other qualified 6 immigrants strictly in the chronological order in which they 7 qualify: Provided, That qualified immigrants who are under 8 twenty-five years of age at the time of application for a visa 9 and for admission to the United States shall be entitled to a 10 preference of not exceeding 25 per centum of the immigrant 11 visas available for issuance under this paragraph, and the 12 immigrants described in this proviso shall not be subject to 13 the provisions of section 212 (a) (14) of this Act. 14 15 "(6) A spouse or child as defined in section 101 (b) (1) (A), (B), (C), (D), or (E) shall, if not other16 wise entitled to an immigrant status and the immediate 17 issuance of a visa under paragraphs (1) through (5), be 18 entitled to the same status, and the same order of con19 sideration provided in subsection (b), if accompanying, or 20 following to join, his spouse or parent: Provided, That a 21 child as defined in section 101 (b) (1) (A), (B), (C), (D), or (E) shall, if not otherwise entitled to an immi23 grant status and the immediate issuance of a visa, be held 22 24 to be an immediate relative within the meaning of sec25 tion 201 (b) if accompanying a parent as described in that 9 1 subsection, and shall be issued a visa and admitted as such, 2 if otherwise qualified for admission as an immigrant under 3 this Act. 4 "(b) In considering applications for immigrant visas 5 under subsection (a) consideration shall be given to ap6 plicants in the order in which the classes of which they 7 are members are listed in subsection (a). 8 "(c) Immigrant visas issued pursuant to paragraphs 9 (1), (2), (3), and (4) (A) of subsection (a) shall be 10 issued to eligible immigrants in the order in which a peti11 tion in behalf of each such immigrant is filed with the 12 Attorney General as provided in section 204. 13 “(d) Every immigrant shall be presumed to be a non14 preference immigrant until he establishes to the satisfac15 tion of the consular officer and the immigration officer 16 that he is entitled to a preference status under paragraphs 17 (1) through (4) of subsection (a), or to a special immi18 grant status under section 101 (a) (27), or that he is an 19 immediate relative of a United States citizen as specified 20 in section 201 (b). In the case of any alien claiming in his 21 application for an immigrant visa to be an immediate relative. 22 of a United States citizen as specified in section 201 (b) or 23 to be entitled to preference immigrant status under para24 graphs (1), (2), (3), and (4) (A) of subsection (a), the 10 1 consular officer shall not grant such status until he has been 2 authorized to do so as provided by section 204. 3 "(e) For the purposes of carrying out his responsibili 4 ties in the orderly administration of this section, the Secre 5 tary of State is authorized to make reasonable estimates of 6 the anticipated numbers of visas to be issued during any 7 quarter of any fiscal year within each of the categories of 8 subsection (a), and to rely upon such estimates in authoriz9 ing the issuance of such visas. The Secretary of State, in 10 his discretion, may terminate the registration on a waiting list 11 of any alien who fails to evidence his continued intention to 12 apply for a visa in such manner as may be by regulation 13 prescribed." 14 SEC. 7. Section 204 of the Immigration and Nationality 15 Act, as amended (79 Stat. 915; 8 U.S.C. 1154), is amended 16 to read as follows: 17 "SEC. 204. (a) Any citizen of the United States claim18 ing that an alien is entitled to an immediate relative status 19 under section 201 (b), or any citizen of the United States 20 claiming that an alien is entitled to a preference status by 21 reason of the relationship described in paragraph (1) of 22 section 203 (a), or any alien lawfully admitted for perma23 nent residence claiming that an alien is entitled to a preference status by reason of the relationship described in section 223 24 25 203 (a) (1), or any alien desiring to be classified as a 11 1 preference immigrant under section 203 (a) (2) (or any 2 person on behalf of such alien), or any alien claiming to 3 be entitled to a preference status under section 203 (a) (3) 4 because he is qualified in an occupation in which the Secre 5 tary of Labor has determined that there is a shortage of 6 qualified persons in the United States, or any person desir7 ing and intending to employ within the United States an 8 alien claiming that the alien is entitled to classification as a 9 preference immigrant under section 203 (a) (3), or any person, institution, or organization claiming that an alien is 11 entitled to preference immigrant status under section 203 12 (a) (4) (A), may file a petition with the Attorney General 13 for such classification. 10 = 14 "(b) After an investigation of the facts in each case, 15 and after consultation with appropriate agencies of the 16 Government, the Attorney General shall, if he determines 17 that the facts stated in the petition are true and that the 18 alien in behalf of whom the petition is made is an immediate 19 relative specified in section 201 (b) or is eligible for a preference immigrant status under section 203 (a) (1), (2), (3), 21 and (4) (A), approve the petition, and forward one copy to 22 the consular officer concerned. 20 2 23 24 "(c) Notwithstanding the provisions of subsection (b), no more than two petitions may be approved for one peti25 tioner in behalf of a child as defined in section 101 (b) 52-013 O 71 2 12 1 (1) (E) or (F) unless necessary to prevent the separa2 tion of brothers and sisters and no petition shall be approved 3 if the alien has previously been accorded immediate relative 4 or preference status as the spouse of a citizen of the United 5 States or the spouse of an alien lawfully admitted for per manent residence, by reason of a marriage determined by 7 the Attorney General to have been entered into for the purpose of evading the immigration laws. 8 9 10 "(d) Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section 11 is approved, to enter the United States as a preference im 12 migrant under section 203 (a) or as an immediate relative 13 under section 201 (b) if upon his arrival at a port of entry 14 in the United States he is found not to be entitled to such 15 classification." 16 17 18 19 F * 2 2 2 2 20 SEC. 8. Section 212 (a) (14) of the Immigration and Nationality Act, as amended (79 Stat. 917; 8 U.S.C. 1182) is amended to read as follows: "(14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled labor, unless 21 the Secretary of Labor has determined and certified to the 23 24 Secretary of State and to the Attorney General that (A) there are not sufficient workers in the United States who are able, willing, qualified, and available at the time of applica 25 tion for a visa and admission to the United States and at the |