VISA BULLETIN FOR AUGUST 2006

Visa Bulletin


Number 95
Volume VIII
Washington, D.C.


VISA BULLETIN FOR AUGUST 2006



IMMIGRANT NUMBERS FOR AUGUST 2006


A. STATUTORY NUMBERS


1. This bulletin summarizes the availability of immigrant numbers during August. 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 July 10th 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 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.


2. The fiscal year 2006 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 2006 limit for Employment-based preference immigrants calculated under INA 201 is 143,949. 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., 25,896 for
FY-2006. The dependent area limit is set at 2%, or 7,399.


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”.


Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.


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 is earlier than the cut-off date listed below.)













































 Family All
Charge- ability Areas Except Those Listed
CHINA-mainland
born
INDIA MEXICO  PHILIP-PINES
1st  01JAN97 01JAN97 01JAN97 01JUN92 01OCT92
2A 08SEP99 08SEP99 08SEP99 08SEP99 08SEP99
2B 22SEP96 22SEP96 22SEP96 01DEC91 01DEC92
3rd 08SEP98  08SEP98  08SEP98 01JAN81 01DEC85
4th 15JUN95 01JUL94  01JAN95 01JAN93  15JAN84

*NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08SEP99. 2A numbers SUBJECT to per-country limit are “Unavailable”.









































































Employ-
ment

Based 
All Charge-ability
Areas
Except
Those
Listed
CHINA INDIA MEXICO PHILIP-PINES
1st C C 01JAN06 C C
2nd C 01MAR05 U C C
3rd 01OCT01 01OCT01 01APR01 22APR01 01OCT01
Schedule A Workers C C C C C
Other
Workers
U U U U U
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

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-2006 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 August, immigrant numbers in the DV category are available to qualified DV-2006 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 33,900

Except:
Ethiopia 24,100
Nigeria 16,000

ASIA 7,700  
EUROPE 16,000  
NORTH AMERICA (BAHAMAS) 15  
OCEANIA 1,115  
SOUTH AMERICA, and the CARIBBEAN 1,900  

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-2006 program ends as of September 30, 2006. DV visas may not be issued to DV-2006 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2006 principals are only entitled to derivative DV status until September 30, 2006. DV visa availability through the very end of FY-2006
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 SEPTEMBER

For September, immigrant numbers in the DV category are available to qualified DV-2006 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:
Egypt 24,300
Ethiopia 25,300

ASIA Current  
EUROPE Current  
NORTH AMERICA (BAHAMAS) Current  
OCEANIA Current  
SOUTH AMERICA, and the CARIBBEAN Current  

D. RETROGRESSION OF FAMILY AND EMPLOYMENT CUT-OFF DATES

For August, it has been necessary to retrogress many of the cut-off dates in the Family-sponsored and Employment-based visa categories. This has been done in an effort to hold the issuance levels within the applicable annual numerical limits for the affected categories. Those retrogressions are listed below:


Worldwide: Family 1st (to 01JAN97)
China: Family 4th (to 01JUL94)
India: Employment 2nd has become “Unavailable”; Employment 3rd (to 01APR01)
Mexico: Family 3rd (to 01JAN81) and Family 4th (to 01JAN93)
Philippines: Family 2B (to 01DEC92) and Family 3rd (to 01DEC85)


E. IMMIGRANT VISA AVAILABILITY FOR SEPTEMBER

Immigrant visa number use is approaching the annual limits for the year in many categories, and the supply of numbers remaining for allocation is limited. Therefore, for September there is increased possibility of additional retrogressions of cut-off dates such as those experienced in August. Readers should not assume visa availability until the cut-off dates are announced. Categories which could experience retrogressions are:

Worldwide: Employment 4th
China: Employment 2nd and 3rd
India: Employment 1st
Mexico: Employment 3rd


F. SCHEDULE A VISA AVAILABILITY DURING FY-2007

A total of 50,000 numbers were provided for use in the Schedule A (EX) visa category which was established last May. Visa demand in this category is approaching that limit, and may require the establishment of a cut-off date as early as October. Once all 50,000 numbers have been made available under the current limitation, processing under this category will end.

G. DIVERSITY VISA LOTTERY 2007 (DV-2007) RESULTS


The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2007 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 82,000 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-2007 numbers will be used during fiscal year 2007 (October 1, 2006 until September 30, 2007).


Applicants registered for the DV-2007program were selected at random from over 5.5 million qualified entries received during the 60-day application period that ran from 12:00 AM on October 5, 2005, until midnight, December 4, 2005. 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 the Bureau of 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 2007 will end. Selected applicants who do not receive visas by September 30, 2007 will derive no further benefit from their DV-2007 registration. Similarly, spouses and children accompanying or following to join DV-2007 principal applicants are only entitled to derivative diversity visa status until September 30, 2007.


Only participants in the DV-2007 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-2008 lottery if they wish. The dates for the registration period for the DV-2008 lottery program will be widely publicized during August 2006.


* 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-2007 program:















































































AFRICA    
ALGERIA 912 ERITREA 582 NAMIBIA 8
ANGOLA 13 ETHIOPIA 6,871 NIGER 62
BENIN 218 GABON 42 NIGERIA 9,849
BOTSWANA 1 GAMBIA, THE 50 RWANDA 41
BURKINA FASO 95 GHANA 3,088 SAO TOME AND PRINCIPE 2
BURUNDI 16 GUINEA 146 SENEGAL 228
CAMEROON 1,461 GUINEA-BISSAU 5 SEYCHELLES 4
CAPE VERDE 3 KENYA 2,337 SIERRA LEONE 540
CENTRAL AFRICAN REP. 13 LESOTHO 0 SOMALIA 160
CHAD 28 LIBERIA 734 SOUTH AFRICA 287
COMOROS 7 LIBYA 37
SUDAN 569
CONGO 687 MADAGASCAR 21 SWAZILAND 5
CONGO, DEMOCRATIC REPUBLIC OF THE 42 MALAWI 18 TANZANIA 148
COTE D’IVOIRE 308 MALI 76 TOGO 1,592
DJIBOUTI 11 MAURITANIA 17 TUNISIA 122
EGYPT 7,229 MAURITIUS 8 UGANDA 213
EQUATORIAL GUINEA 1 MOROCCO 4,922 ZAMBIA 92
  MOZAMBIQUE 4 ZIMBABWE 73



















































ASIA    
AFGHANISTAN 80 IRAQ 8 NEPAL 1,529
BAHRAIN 1 ISRAEL 126 OMAN 1
BANGLADESH 5,901 JAPAN 333

QATAR 1

BHUTAN 2 JORDAN 63 SAUDI ARABIA 27
BRUNEI 0 NORTH KOREA 6 SINGAPORE 46
BURMA 651 KUWAIT 42 SRI LANKA 383
CAMBODIA 177 LAOS 9 SYRIA 40
HONG KONG SPECIAL ADMIN. REGION 81 LEBANON 86 THAILAND 81
INDONESIA 245 MALAYSIA 76 TAIWAN 398
IRAN 1,361 MALDIVES 0 UNITED ARAB EMIRATES 19
  MONGOLIA 113 YEMEN 43
















































































EUROPE    

ALBANIA 1,988

GERMANY 1,047

NORTHERN IRELAND 42


ANDORRA 0


GREECE 41


NORWAY 21

ARMENIA, 691

GREENLAND 3


PORTUGAL 29 Macau 8


ARUBA 5


HUNGARY 138


ROMANIA 1,255


AUSTRIA 74


ICELAND 13


SAN MARINO 0


AZERBAIJAN 125


IRELAND 160


SERBIA & MONTENEGRO 505


BELARUS 705


ITALY 214


SLOVAKIA 171


BELGIUM 57


KAZAKHSTAN 177


SLOVENIA 7


BOSNIA & HERZEGOVINA 90


KYRGYZSTAN 123


SPAIN 97
Western Sahara 1


BULGARIA 1,674


LATVIA 75


SWEDEN 121


CROATIA 40


LIECHTENSTEIN 0


SWITZERLAND 104


CYPRUS 7


LITHUANIA 298


TAJIKISTAN 84


CZECH REPUBLIC 85


LUXEMBOURG 6


TURKEY 1,418


DENMARK 50


MACEDONIA , FORMER YUGOSLAV REP.
OF 213


TURKMENISTAN 59


ESTONIA 40


MALTA 4


UKRAINE 7,205


FINLAND 33


MOLDOVA 273

TUNISIA 124

FRANCE 380
French Polynesia 10 French Southern and
Antarctic Lands 1 Guadeloupe 3 Martinique 2
New Caledonia 3 Reunion 8


MONACO, 1


UZBEKISTAN 1,536



GEORGIA 323

NETHERLANDS 88 Netherlands Antilles 8

VATICAN CITY 0













NORTH AMERICA    

BAHAMAS , THE 12
































OCEANIA

   

AUSTRALIA 532 Christmas Islands 0 Cocos Islands 1


NAURU 1


SOLOMON
ISLANDS 2

FIJI 514

NEW ZEALAND 205 Cook Islands 3
Niue 0


TONGA 109


KIRIBATI 0


PALAU 3


TUVALU 7


MARSHALL ISLANDS 1


PAPUA NEW GUINEA 6


VANUATU 0


MICRONESIA , FEDERATED STATES OF 4


SAMOA 10


 














































SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN

   

ANTIGUA AND BARBUDA 2


DOMINICA 12


PERU 1,274


ARGENTINA 86


ECUADOR 170


SAINT KITTS AND NEVIS 4


BARBADOS 9


GRENADA 6


SAINT LUCIA 4


BELIZE 5


GUATEMALA 43


SAINT VINCENT AND THE GRENADINES 3


BOLIVIA 88


GUYANA 17


SURINAME 3


BRAZIL 488


HONDURAS 28


TRINIDAD AND TOBAGO 85


CHILE 42


NICARAGUA 19


URUGUAY 4


COSTA RICA 18


PANAMA 14


VENEZUELA 226


CUBA 427


PARAGUAY 20

 


Natives of the following countries were not eligible to participate in DV-2007: Canada, China (mainland-born, excluding Hong Kong S.A.R., and Taiwan), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

H. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANT REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Citizenship and Naturalization Service regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocation on the minimum annual limits outlined in Section 201 of the INA.

The Department of State has now determined the family and employment preference numerical limits for FY-2006 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2006 are as follows:

    Worldwide Family-Sponsored preference limit: 226,000
    Worldwide Employment-Based preference limit: 143,949

Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2006 the per-country limit is 25,896. The dependent area annual limit is 2%, or 7,399.

I. 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: July 10, 2006.

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