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Major Retrogression Imminent for EB-2 India

Via aila.org

Per the AILA DOS Liaison Committee’s followup with Mr. Charles Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, “retrogression of EB-2 India appears to be imminent, and could happen as early as November. The October 2014 priority date for EB-2 India is May 1, 2009. Given current demand, the priority date will retrogress, possibly to a date in early 2005.”

More details:

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VISA BULLETIN FOR AUGUST 2013 – DATES ADVANCE

Visa Bulletin For August 2013

Number 59
Volume IX
Washington, D.C.

A.  STATUTORY NUMBERS

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Update: USCIS has Issued a “Notice to Disregard” its previously issued I-485 RFEs asking Derivative Beneficiaries for Principle Applicant Evidence

By Ashwin Sharma, Esq. 07/01/201

Our firm has received several “Notices to Applicants” from USCIS today which confirmed our prediction that USCIS had erroneously issued the large numbers of I-485 Requests for Evidence (RFE) requesting Principle Applicant evidence (letter from employer, etc) from Derivative Applicant spouses.  We thank USCIS for clarifying this situation quickly; these RFE’s caused a great deal of confusion among applicants and their attorneys, especially in light of the potential for upcoming PD movement.

The USCIS Notice to Applicant indicates the following:

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Visa Bulletin For March 2012

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by February 8th.  If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01FEB05 01FEB05 01FEB05 01MAY93 22JUN97
F2A 22JUL09 22JUL09 22JUL09 01JUL09  22JUL09
F2B 15NOV03 15NOV03 15NOV03 01DEC92 08DEC01
F3 01JAN02 01JAN02 01JAN02 08JAN93 22JUL92
F4 08OCT00 08OCT00 08OCT00 22MAY96 22DEC88

*NOTE:  For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL09.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT MEXICO with priority dates beginning 01JUL09 and earlier than 22JUL09.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01MAY10 01MAY10 C C
3rd 15MAR06 01JAN05 22AUG02 15MAR06 15MAR06
Other Workers 15MAR06 22APR03 22AUG02 15MAR06 15MAR06
4th C C C C C
Certain Religious Workers C C C C C

5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs

C C C C C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2012 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For March, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 35,800 Except: Egypt  26,000
Ethiopia  26,000
Nigeria 17,500
ASIA 27,000  
EUROPE 26,500 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 925
 
SOUTH AMERICA, and the CARIBBEAN 925  

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH

For April, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 39,000 Except: Egypt 29,500
Ethiopia 29,500
Nigeria 20,000
ASIA 32,600  
EUROPE 32,000 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 9  
OCEANIA 1,000  
SOUTH AMERICA, and the CARIBBEAN 1,000  

D. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: Febuary 8, 2012

Visa Bulletin For February 2012 – EB-2 India/China Advance Again Substantially

Number 41
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by January 6th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 22DEC04 22DEC04 22DEC04 22APR93 22MAY97
F2A 08JUN09 08JUN09 08JUN09 08MAY09 08JUN09
F2B 15OCT03 15OCT03 15OCT03 01DEC92 01NOV01
F3 01DEC01 01DEC01 01DEC01 01JAN93 22JUL92
F4 08SEP00 08SEP00 08SEP00 15MAY96 01NOV88

*NOTE: For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY09 and earlier than 08JUN09. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2n
d
C 01JAN10 01JAN10 C C
3rd 22FEB06 01DEC04 15AUG02 22FEB06 22FEB06
Other Workers 22FEB06 22APR03 15AUG02 22FEB06 22FEB06
4th C C C C C
Certain Religious Workers C C C C C

5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs

C C C C C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2012 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For February, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 32,000 Except: Egypt  21,000
Ethiopia  21,500
Nigeria 16,000
ASIA 23,900  
EUROPE 22,000 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 775  
SOUTH AMERICA, and the CARIBBEAN 775  

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH

For March, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 35,800 Except: Egypt 26,000
Ethiopia 26,000
Nigeria 17,500
ASIA 27,000  
EUROPE 26,500 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 925  
SOUTH AMERICA, and the CARIBBEAN 925  

D. VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (monthly)

Worldwide dates:
F1: three to five weeks
F2A: one to two months
F2B: three to four weeks
F3: one to three weeks
F4: up to one month

EMPLOYMENT-based categories (monthly)

Employment First:  Current

Employment Second:

China and India:  Reports from U.S. Citizenship and Immigration Services (USCIS) indicate that the rate of new filings for adjustment of status in recent months has been extremely low.  This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit.  Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off.  Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.  

Employment Third:

Worldwide: up to one month
China: up to one month
India: up to two weeks
Mexico: up to one month
Philippines: up to one month

Employment Fourth:  Current

Employment Fifth:  Current

Please be advised that the above ranges are only estimates for what could happen during each of the next few months based on current applicant demand patterns.  The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand which can occur at any time.  Those categories with a “Current” projection will remain so for the foreseeable future.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: January 6, 2012

Visa Bulletin For December 2011 – EB-2 India/China Advances to March 15 2008

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:         

FAMILY-SPONSORED PREFERENCES

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second
:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

 B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01SEP04 01SEP04 08APR93 01MAR97
F2A 22MAR09 22MAR09 22MAR09 08FEB09 22MAR09
F2B 15AUG03 15AUG03 15AUG03 22NOV92 15AUG01
F3 08OCT01 08OCT01 08OCT01 15DEC92 08JUL92
F4 15JUL00 15JUL00 15JUL00 01MAY96 08SEP88

*NOTE:  For December, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08FEB09.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08FEB09 and earlier than 22MAR09.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:         

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

Third: Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants:  7.1% of the worldwide level.

Fifth: Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e.,
no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15MAR08 15MAR08 C C
3rd 15JAN06 08SEP04 01AUG02 15JAN06 15JAN06
Other Workers 01JAN06 22APR03 22JUL02 01JAN06 01JAN06
4th C C C C C
Certain Religious Workers C C C C C

5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs

C C C C C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This resulted in reduction of the DV-2012 annual limit to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For December, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 18,500 Except: Egypt 12,700
Ethiopia  13,500
Nigeria 12,000
ASIA 15,000  
EUROPE 13,500  
NORTH AMERICA (BAHAMAS)  
OCEANIA 575  
SOUTH AMERICA, and the CARIBBEAN 600  

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012.  DV visas may not be issued to DV-2012 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012.  DV visa availability through the very end of FY-2012 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JANUARY

For January, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 24,700 Except: Egypt  16,800
Ethiopia  16,800
Nigeria 14,500
ASIA 18,500  
EUROPE 16,500  
NORTH AMERICA (BAHAMAS) 6  
OCEANIA 650  
SOUTH AMERICA, and the CARIBBEAN 675  


D. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the  “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at:  (area code 202) 663-1541.  The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.) 

Department of State Publication 9514
CA/VO:November 8, 2011

Visa Bulletin For November 2011

Important Information on China-mainland
born and
 India employment-based second preference visa availability in the coming months:

“The
November Employment-based Second preference cut-off date for
applicants from China 
and India is
the most favorable since August 2007.  This advancement is expected to
generate significant levels of demand based on new filings for adjustment of
status at U.S. Citizenship and Immigration Services offices.  While
significant future cut-off date movements are anticipated, they may not be made
on a monthly basis.  Readers should not expect such movements to be the
norm throughout the fiscal year, and an eventual retrogression of the cut-off
at some point during the year is a distinct possibility.”

—————

Visa Bulletin for November 2011

Number 38
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of
immigrant numbers duringNovember.
Consular officers are required to report to the Department of State
documentarily qualified applicants for numerically limited visas; U.S.
Citizenship and Immigration Services in the Department of Homeland Security
reports applicants for adjustment of status. Allocations were made, to the
extent possible, in chronological order of reported priority dates, for demand
received by October 5th. If not all demand could be
satisfied, the category or foreign state in which demand was excessive was
deemed oversubscribed. The cut-off date for an oversubscribed category is the
priority date of the first applicant who could not be reached within the
numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a
number. If it becomes necessary during the monthly allocation process to
retrogress a cut-off date, supplemental requests for numbers will be honored
only if the priority date falls within the new cut-off date announced in this
bulletin.

2. Section 201 of the Immigration and Nationality Act
(INA) sets an annual minimum family-sponsored preference limit of 226,000. The
worldwide level for annual employment-based preference immigrants is at least
140,000. Section 202 prescribes that the per-country limit for preference
immigrants is set at 7% of the total annual family-sponsored and
employment-based preference limits, i.e., 25,620. The dependent area limit is
set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and
employment-based preference visas be issued to eligible immigrants in the order
in which a petition in behalf of each has been filed. Section 203(d) provides
that spouses and children of preference immigrants are entitled to the same
status, and the same order of consideration, if accompanying or following to
join the principal. The visa prorating provisions of Section 202(e) apply to
allocations for a foreign state or dependent area when visa demand exceeds the
per-country limit. These provisions apply at present to the following
oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO,
and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference
classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:(F1) Unmarried Sons and Daughters of
U.S.
Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters
of Permanent Residents: 114,200, plus the number (if any) by which the
worldwide family preference level exceeds 226,000, plus any unused first
preference numbers:

A. (F2A)
Spouses and Children of Permanent Residents: 77% of the overall second
preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B)
Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:
23% of the overall second preference limitation.

Third:(F3) Married Sons and Daughters of U.S. Citizens:
23,400, plus any numbers not required by first and second preferences.

Fourth:(F4) Brothers and Sisters of Adult
U.S. Citizens: 65,000, plus any numbers not required by first three
preferences.

On the chart below, the listing of a date for any class
indicates that the class is oversubscribed (see paragraph 1); “C”
means current, i.e., numbers are available for all qualified applicants; and
“U” means unavailable, i.e., no numbers are available. (NOTE: Numbers
are available only for applicants whose priority date isearlier than the cut-off date listed below.)

Family- Sponsored

All Chargeability Areas Except Those
Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

22JUL04

22JUL04

22JUL04

01APR93

08FEB97

F2A *

15FEB09

15FEB09

15FEB09

01DEC08

15FEB09

F2B

01AUG03

01AUG03

01AUG03

22NOV92

15JUL01

F3

22SEP01

22SEP01

22SEP01

08DEC92

22JUN92

F4

15JUN00

15JUN00

15JUN00

22APR96

22AUG88

*NOTE: For November, F2A numbers EXEMPT from per-country limit are available to applicants from all
countries with priority dates earlier than 01DEC08. F2A numbers SUBJECT to per-country
limit
 are
available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01DEC08
and earlier than 15FEB09. (All F2A numbers provided for MEXICO are exempt from the per-country limit;
there are no F2A numbers for MEXICO
subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference
classes for allotment of Employment-based immigrant visas as
follows:         

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide
employment-based preference level, plus any numbers not required for fourth and
fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or
Persons of Exceptional Ability: 28.6% of the worldwide employment-based
preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6%
of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not
less than 3,000 of which reserved for investors in a targeted rural or
high-unemployment area, and 3,000 set aside for investors in regional centers
by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class
indicates that the class is oversubscribed (see paragraph 1); “C”
means current, i.e., numbers are available for all qualified applicants; and
“U” means unavailable, i.e., no numbers are available. (NOTE: Numbers
are available only for applicants whose priority date isearlier than the cut-off date listed below.)

Employment- Based

All Charge-ability Areas Except Those
Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

 C

C

C

C

C   

2nd

 C

01NOV07

01NOV07

C

C           

3rd

22DEC05

22AUG04

22JUL02

22DEC05

22DEC05

Other Workers*

15NOV05

22APR03

15JUN02

15NOV05

15NOV05

4th

C

C

C

C

C      

Certain Religious Workers

C

C

C

C

C      

5th    
Targeted Employment Areas/Regional
Centers
 and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category:
Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA)
passed by Congress in November 1997, as amended by Section 1(e) of Pub. L.
105-139, provides that once the Employment Third Preference Other Worker (EW)
cut-off date has reached the priority date of the latest EW petition approved
prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year
are to be reduced by up to 5,000 annually beginning in the following fiscal year.
This reduction is to be made for as long as necessary to offset adjustments
under the NACARA program. Since the EW cut-off date reached November 19, 1997
during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in
Fiscal Year 2002.

6. The Department of State has a recorded message with
visa availability information which can be heard at: (202) 663-1541. This
recording is updated on or about the tenth of each month with information on
cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000
immigrant visas each fiscal year to permit additional immigration opportunities
for persons from countries with low admissions during the previous five years.
The NACARA stipulates that beginning with DV-99, and for as long as necessary,
up to 5,000 of the 55,000 annually-allocated diversity visas will be made
available for use under the NACARA program. This resulted in reduction of the DV-2012 annual
limit to 50,000
. DV visas are divided among six geographic
regions. No one country can receive more than seven percent of the available
diversity visas in any one year.

For November, immigrant numbers in the
DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible
countries as follows. When an allocation cut-off number is shown, visas are
available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off
number:

Region 

All DV Chargeability Areas Except Those
Listed Separately

 

AFRICA

13,000

Except: Egypt
8,000
Ethiopia 10,000
Nigeria
10,000

ASIA

10,000

 

EUROPE

11,000

 

NORTH AMERICA
(BAHAMAS)

4

 

OCEANIA

500

 

SOUTH AMERICA,
and the CARIBBEAN

550

 

Entitlement to immigrant status in the DV category lasts
only through the end of the fiscal (visa) year for which the applicant is
selected in the lottery. The year of entitlement for all applicants registered
for the DV-2012 program ends as of September 30, 2012. DV visas may not be
issued to DV-2012 applicants after that date. Similarly, spouses and children
accompanying or following to join DV-2012 principals are only entitled to
derivative DV status until September 30, 2012. DV visa availability through the
very end of FY-2012 cannot be taken for granted. Numbers could be exhausted
prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY
(DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN DECEMBER

For December,
immigrant numbers in the DV category are available to qualified DV-2012
applicants chargeable to all regions/eligible countries as follows. When an
allocation cut-off number is shown, visas are available only for applicants
with DV regional lottery rank numbers BELOW the specified allocation cut-off
number:

Region

All DV Chargeability Areas Except Those
Listed Separately

 

AFRICA

18,500

Except:
Egypt 12,700
Ethiopia 13,500
Nigeria
12,000

ASIA

15,000

 

EUROPE

13,500

 

NORTH
AMERICA               

(BAHAMAS)

5

 

OCEANIA

575

 

SOUTH AMERICA,
and the CARIBBEAN

600

 

D. CHINA-MAINLAND BORN AND INDIA
EMPLOYMENT-BASED SECOND PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS

The November Employment-based Second preference cut-off
date for applicants from China
and India
is the most favorable since August 2007.  This advancement is expected to
generate significant levels of demand based on new filings for adjustment of
status at U.S. Citizenship and Immigration Services offices.  While
significant future cut-off date movements are anticipated, they may not be made
on a monthly basis.  Readers should not expect such movements to be the
norm throughout the fiscal year, and an eventual retrogression of the cut-off
at some point during the year is a distinct possibility.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs
publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas
section. Alternatively, visitors may access the Visa Bulletin directly by going
to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

To be placed on the Department of State’s E-mail
subscription list for the “Visa Bulletin”, please send an E-mail to the
following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First
name/Last name

(example: Subscribe Visa-Bulletin Sally
Doe)

To be removed from the Department of State’s E-mail
subscription list for the “Visa Bulletin”, send an e-mail message to the
following E-mail address:

listserv@calist.state.gov

and in the message body type:
Signoff Visa-Bulletin

The Department of State also has available a recorded
message with visa cut-off dates which can be heard at: (202) 663-1541. The
recording is normally updated by the middle of each month with information on
cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin
related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa
Bulletin.) 

Department of State Publication 9514

CA/VO: October 5, 2011

 

Visa Bulletin for September 2011

Visa Bulletin for September 2011

Number 36
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by August 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. The fiscal year 2011 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The fiscal year 2011 limit for employment-based preference immigrants calculated under INA 201 is 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620 for FY-2011.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15MAR93 01NOV96
F2A 01DEC08 01DEC08 01DEC08 22SEP08 01DEC08
F2B 01JUL03 01JUL03 01JUL03 01NOV92 22MAR01
F3 22AUG01 22AUG01 22AUG01 22NOV92 15MAY92
F4 15APR00 15APR00 15APR00 22MAR96 08JUL88

*NOTE:  For September, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22SEP08.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT MEXICO with priority dates beginning 22SEP08 and earlier than 01DEC08.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Othe
r Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15APR07 15APR07 C C
3rd 22NOV05 15JUL04 08JUL02 22NOV05 22NOV05
Other Workers 01AUG05 22APR03 01JUN02 01AUG05 01AUG05
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs
C C C C C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CA
TEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This resulted in reduction of the DV-2011 annual limit to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For September, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA CURRENT Except: Ethiopia 32,700
ASIA CURRENT
EUROPE CURRENT Except: Uzbekistan  UNAVAILABLE
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA, and the CARIBBEAN CURRENT

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011.  DV visas may not be issued to DV-2011 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011.  DV visa availability through the very end of FY-2011 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER

For October, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 8,500 Except: Egypt 5,000
Ethiopia 7,000
Nigeria 7,000
ASIA 8,000
EUROPE 8,500
NORTH AMERICA (BAHAMAS) 3
OCEANIA 300
SOUTH AMERICA, and the CARIBBEAN 400

D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2012 diversity lottery.  The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.  Approximately 100,021 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until September 30, 2012).

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010.  The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.  During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years.  Those selected will need to act on their immigrant visa applications quickly.  Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures.  Once the total *50,000 visa numbers have been used, the program for fiscal year 2012 will end.  Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit from their DV-2012 registration.  Similarly, spouses and children accompanying or following to join DV-2012 principal applicants are only entitled to derivative diversity visa status until September 30, 2012.

Only participants in the DV-2012 program who were selected for further processing have been notified.  Those who have not received notification were not selected.  They may try for the upcoming DV-2013 lottery if they wish.  The dates for the registration period for the DV-2013 lottery program are expected to be widely publicized at some point during the coming months.

* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program.  The reduction of the limit of available visas to 50,000 began with DV-2000.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2012 program:

AFRICA
ALGERIA 1,799
ANGOLA 42
BENIN 511
BOTSWANA 7
BURKINA FASO 226
BURUNDI 56
CAMEROON 3,374
CAPE VERDE 9
CENTRAL AFRICAN
REP. 3
CHAD 33
COMOROS 9
CONGO 105
CONGO, DEMOCRATIC
REPUBLIC OF THE 3,445
COTE D’IVOIRE 553
DJIBOUTI 38
EGYPT 4,664
EQUATORIAL GUINEA 4
ERITREA 670
ETHIOPIA 4,902
GABON 48
GAMBIA, THE 113
GHANA 5,832
GUINEA 899
GUINEA-BISSAU 3
KENYA 4,720
LESOTHO 8
LIBERIA 2,101
LIBYA 136
MADAGASCAR 17
MALAWI 16
MALI 76
MAURITANIA 29
MAURITIUS 59
MOROCCO 1,890
MOZAMBIQUE 13
NAMIBIA 10
NIGER 32
NIGERIA 6,024
RWANDA 333
SAO TOME AND
PRINCIPE 0
SENEGAL 270
SEYCHELLES 6
SIERRA LEONE 3,397
SOMALIA 175
SOUTH AFRICA 833
SUDAN 757
SWAZILAND 0
TANZANIA 175
TOGO 845
TUNISIA 113
UGANDA 418
ZAMBIA 79
ZIMBABWE 123
ASIA
AFGHANISTAN 109
BAHRAIN 29
BANGLADESH 2,373
BHUTAN 5
BRUNEI 0
BURMA 370
CAMBODIA 596
HONG KONG
SPECIAL ADMIN.
REGION 54
INDONESIA 256
IRAN 4,453
IRAQ 153
ISRAEL 175
JAPAN 435
JORDAN 152
NORTH KOREA 0
KUWAIT 108
LAOS 1
LEBANON 274
MALAYSIA 118
MALDIVES 0
MONGOLIA 209
NEPAL 3,258
OMAN 11
QATAR 19
SAUDI ARABIA 217
SINGAPORE 45
SRI LANKA 708
SYRIA 160
TAIWAN 391
THAILAND 73
TIMOR-LESTE 9
UNITED ARAB
EMIRATES 92
YEMEN 149
EUROPE
ALBANIA 1,508
ANDORRA 1
ARMENIA 998
AUSTRIA 130
AZERBAIJAN 304
BELARUS 493
BELGIUM 105
BOSNIA &
HERZEGOVINA 83
BULGARIA 883
CROATIA 107
CYPRUS 26
CZECH REPUBLIC 104
DENMARK 73
ESTONIA 49
FINLAND 91
FRANCE 574
French Polynesia 7
New Caledonia 1
GEORGIA 620
GERMANY 1,709
GREECE 105
HUNGARY 325
ICELAND 56
IRELAND 213
ITALY 529
KAZAKHSTAN 434
KOSOVO 137
KYRGYZSTAN 321
LATVIA 83
LIECHTENSTEIN 0
LITHUANIA 258
LUXEMBOURG 8
MACEDONIA 160
MALTA 20
MOLDOVA 1,238
MONACO 3
MONTENEGRO 18
NETHERLANDS 149
Aruba 4
Curacao 19
St. Maarten 2
NORTHERN
IRELAND 59
NORWAY 84
PORTUGAL 66
Macau 19
ROMANIA 1,327
RUSSIA 2,353
SAN MARINO 1
SERBIA 298
SLOVAKIA 80
SLOVENIA 16
SPAIN 232
SWEDEN 200
SWITZERLAND 229
TAJIKISTAN 270
TURKEY 3,077
TURKMENISTAN 143
UKRAINE 5,799
UZBEKISTAN 4,800
VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 15
OCEANIA
AUSTRALIA 900
Christmas Islands 3
Cocos Islands 1
FIJI 628
KIRIBATI 14
MARSHALL ISLANDS 4
MICRONESIA,
FEDERATED
STATES OF 2
NAURU 5
NEW ZEALAND 309
Cook Islands 6
Niue 14
PALAU 5
PAPUA NEW
GUINEA 0
SAMOA 0
SOLOMON
ISLANDS 0
TONGA 93
TUVALU 0
VANUATU 8
WESTERN SAMOA 9
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND
BARBUDA 9
ARGENTINA 101
BARBADOS 25
BELIZE 9
BOLIVIA 84
CHILE 43
COSTA RICA 43
CUBA 292
DOMINICA 18
GRENADA 24
GUYANA 26
HONDURAS 80
NICARAGUA 49
PANAMA 21
PARAGUAY 17
SAINT KITTS AND
NEVIS 7
SAINT LUCIA 4
SAINT VINCENT AND
THE GRENADINES 16
SURINAME 15
TRINIDAD AND
TOBAGO 175
URUGUAY 19
VENEZUELA 925

Natives of the following countries were not eligible to participate in DV-2012: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an
e-mail message to the following E-mail a
ddress
:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: August 8, 2011

EB-2 priority dates for China and India expected to advance some years based on unused EB-1 numbers

The Chief of the Immigrant Visa Control and Reporting Division, Charlie Oppenheim, U.S. Department of State, recently stated that has been a substantial reduction for EB-1 numbers, beginning in 10/2010. 

“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”

As a result, EB-2 priority dates for China and India are expected to move forward some years.

THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM

The Department of State is
responsible for administering the provisions of the Immigration and Nationality
Act (INA) relating to the numerical limitations on immigrant visa issuances.
This information sheet explains the operation of the immigrant number allotment
and control system.

1. HOW THE SYSTEM OPERATES:

At the beginning of each
month, the Visa Office (VO) receives a report from each consular post listing
totals of documentarily qualified immigrant visa applicants in categories
subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority
date.

 No names are reported. During
the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations specified by
the INA into monthly allotments. The totals of documentarily qualified
applicants which have been reported to VO, are compared each month with the
numbers available for the next regular allotment.  The determination of how many numbers are
available requires consideration of several of variables, including:  past number use; estimates of future number
use and return rates; and estimates of Citizenship and Immigration Service
demand based on cut-off date movements. 
Once this is done, the cut-off dates are established and numbers are
allocated to reported applicants in order 
of their priority dates, the
oldest dates first.

 If there are sufficient
numbers in a particular category to satisfy all reported documentarily qualified
demand, the category is considered “Current”. For example: If the
monthly allocation target is 3,000 and we only have demand for 1,000 applicants
the category can be “Current”.

Whenever the total of
documentarily qualified applicants in a category exceeds the supply of numbers
available for allotment for the particular month, the category is considered to
be “oversubscribed” and a visa availability cut-off date is
established. The cut-off date is the priority date of the first documentarily
qualified applicant who could not be accommodated for a visa number. For
example: If the monthly target is 3,000 and we have demand for 8,000 applicants,
then we would need to establish a cut-off date so that only 3,000 numbers would
be allocated.  In this case, the cut-off
would be the priority date of the 3,001st applicant.

Only persons with a priority
date earlier than a cut-off date are entitled to allotment of a visa number.
The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups
demand for numbers under these dates. (Priority dates of the first through
seventh of a month are grouped under the 1st, the eighth through the fourteenth
under the 8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are immediately
transmitted to consular posts and Citizenship and Immigration Services (CIS),
and also published in the Visa Bulletin and online at the CA Web site (www.travel.state.gov).  Visa allotments for use during that month are
transmitted to consular posts.  CIS
requests visa allotments for adjustment of status cases only when all other
case processing has been completed.

 2. DEFINITION OF SOME TERMS:

Priority date:

Normally, the date on which
the petition to accord the applicant immigrant status was filed.

Allotment:

The allocation of an immigrant
number to a consular office or to CIS. 
This number may be used for visa issuance or adjustment of status.

Foreign State Chargeability:

Ordinarily, an immigrant is
chargeable for visa purposes to the numerical limitation for the foreign state
or dependent area in which the immigrant’s place of birth is located. Exceptions
are provided for a child (unmarried and under 21 years of age) or spouse
accompanying or following to join a principal to prevent the separation of
family members, as well as for an applicant born in the U.S. or in a foreign
state of which neither parent was a native or resident. Alternate chargeability
is desirable when the visa cut-off date for the foreign state of a parent or
spouse is more advantageous than that of the applicant’s foreign state.

Documentarily Qualified:

The applicant has obtained all
documents specified by the consular officer as sufficient to meet the formal
visa application requirements, and necessary processing procedures of the
consular office have been completed.

 

3.  BACKGROUND INFORMATION ON THE SYSTEM AND
CLARIFICATION OF SOME FREQUENTLY MISUNDERSTOOD POINTS:

Applicants entitled to
immigrant status become documentarily qualified at their own initiative and
convenience. By no means has every applicant with a priority date earlier than
a prevailing cut-off date been processed for final visa action. On the
contrary, visa allotments are made only on the basis of the total applicants
reported documentarily qualified each month. Demand for visa numbers can
fluctuate from one month to another, with the inevitable impact on cut-off dates. 

If an applicant is reported
documentarily qualified but allocation of a visa number is not possible because
of a visa availability cut-off date, the demand is recorded at VO and an
allocation is made as soon as the applicable cut-off date advances beyond the
applicant’s priority date. There is no need for such applicant to be reported a
second time.

Visa numbers are always
allotted for all documentarily qualified applicants with a priority date before
the relevant cut-off date, as long as the case had been reported to VO in time
to be included in the monthly calculation of visa availability. Failure of visa
number receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation cycle, or
that information on the request was incomplete or inaccurate (e.g., incorrect
priority date).Allocations to Foreign Service posts outside the regular monthly
cycle are possible in emergency or exceptional cases, but only at the request
of the office processing the case. Note that should retrogression of a cut-off
date be announced, VO can honor extraordinary requests for additional numbers
only if the applicant’s priority date is earlier than the retrogressed cut-off
date. Not all numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers available for
later allocation during the fiscal year. The rate of return of unused numbers
may fluctuate from month to month, just as demand may fluctuate. Lower returns
mean fewer numbers available for subsequent reallocation. Fluctuations can
cause cut-off date movement to slow, stop, or even retrogress. Retrogression is
particularly possible near the end of the fiscal year as visa issuance
approaches the annual limitations.

Per-country limit: The annual
per-country limitation of 7% is a cap, which visa issuances to any single
country may not exceed. Applicants compete for visas primarily on a worldwide
basis. The country limitation serves to avoid monopolization of virtually all
the annual limitation by applicants from only a few countries. This limitation
is not a quota to which any particular country is entitled, however.  A portion of the numbers provided to the
Family Second preference category are exempt from this per-country cap. 

The American Competitiveness
in the Twenty-First Century Act (AC21) removed the per-country limit in any
calendar quarter in which overall applicant demand for Employment-based visa
numbers is less than the total of such numbers available.

Applicability of Section
202(e): When visa demand by documentarily qualified applicants from a particular
country exceeds the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. 

Oversubscription may require
the establishment of a cut-off date which is earlier than that which applies to
a particular visa category on a worldwide basis. The prorating of numbers for
an oversubscribed country follows the same percentages specified for the
division of the worldwide annual limitation among thepreferences. (Note that
visa availability cut-off dates for oversubscribed areas may not be later than
worldwide cut-off dates, if any, for the respective preferences.)

Visa Bulletin For April 2011

Number 31
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First(F1) Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. (F2A) Spouses and Children: 77% of the overall second preference limitation,
of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third(F3) Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth(F4) Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date isearlier than the cut-off date listed below.)

Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22JUL06 08MAY06 C C
3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/ Regional Centers C C C C C
5th Pilot Programs C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 35,450 Except: Egypt 27,600
Ethiopia 22,150
Nigeria 14,100
ASIA 19,250 Except:Bangladesh 18,350
EUROPE 23,200  
NORTH AMERICA (BAHAMAS) 8  
OCEANIA 1,000  
SOUTH AMERICA, and the CARIBBEAN 1,075  

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN MAY

For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 42,000

Except: Egypt 31,200
Ethiopia 26,200
Nigeria 15,450

ASIA 23,500  
EUROPE 27,800  
NORTH AMERICA (BAHAMAS) 12  
OCEANIA 1,175  
SOUTH AMERICA, and the CARIBBEAN 1,150  

D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the
monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an
e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO:March 8, 2011

Visa Bulletin For February 2011



A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers duringFebruary. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by January 11thin the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.

Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:  Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First:    Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.  

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family All Chargeability Areas Except Those Listed CHINA-mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES
1st 01JAN05 01JAN05 01JAN05 01JAN05 22JAN93 01AUG94
2A 01JAN08 01JAN08 01JAN08 01JAN08 01APR05 01JAN08
2B 15APR03 15APR03 01JAN97 15APR03 01JUL92 01JUN99
3rd 01JAN01 01JAN01 01JAN01 01JAN01 22NOV92 22OCT91
4th 01JAN00 01JAN00 01JAN00 01JAN00 01JAN96 15JAN88

*NOTE:  For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01APR05.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01APR05 and earlier than 01JAN08.  (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01JUL06 C 08MAY06 C C
3rd 01APR05 01JAN04 01APR05 22FEB02 08JUL03 01APR05
Other Workers 01MAY03 22APR03 01MAY03 22FEB02 01MAY03 01MAY03
4th C C C C C C
Certain Religious Workers C C C C C C
5th C C C C C C
Targeted Employment Areas/ Regional Centers C C C C C C
5th Pilot Programs C C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at:  (area code 202) 663-1541.  This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2011 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For February, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 26,100 Except: Egypt 20,200
Ethiopia 15,000
Nigeria 12,100
ASIA 14,850  
EUROPE 17,600  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 810  
SOUTH AMERICA, and the CARIBBEAN 900  

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011.  DV visas may not be issued to DV-2011 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011.  DV visa availability through the very end of FY-2011 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH

For March, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 31,950 Except: Egypt 24,275
Ethiopia 18,650
Nigeria 13,100
ASIA 17,200  
EUROPE 20,450  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 900  
SOUTH AMERICA, and the CARIBBEAN 1,025  

D. RETROGRESSION OF FAMILY CUT-OFF DATES

Continued heavy applicant demand for numbers in the Family Fourth preference category has required the retrogression of the Worldwide, China-mainland born, Dominican Republic, and India cut-off date for the month of February.

It has also been necessary to retrogress the Dominican Republic F2B category for the month of February.

Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries. 

Please Note:   Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a p
riority date earlier than a prevailing cut-off date been processed for final visa action.  On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month, compared with the amount of available numbers.  For example, during the past month, over 17,300 of the applicants who have become documentarily qualified in the Family preference categories have priority dates earlier than the cut-off dates established for January.  Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates.  

Following are examples of possible cut-off date actions based on demand:

Numbers
Available 
Demand with Priority Dates
Prior to the Current Cut-off
Next Month’s
Cut-off Date Will

3,000
3,000
3,000

1,000
3,000
5,000
Advance
Remain the same
Retrogress

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB.  The INTERNET Web address to access the Bulletin is: 

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the  “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at:  (area code 202) 663-1541.  The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.) 

Department of State Publication 9514
CA/VO: January 11, 2010

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