VISA BULLETIN FOR SEPTEMBER 2006

Visa Bulletin

Number 97
Volume VIII
Washington, D.C.

VISA BULLETIN FOR SEPTEMBER 2006

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; 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 August 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.)

*NOTE:  For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates
earlier than 22SEP99.  2A numbers SUBJECT to per-country limit are “Unavailable”.    

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
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:

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 OCTOBER
 
For October, immigrant numbers in the DV category are available to
qualified DV-2007 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:

D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS

The
Employment Third preference cut-off date for most countries has been
advanced very rapidly in recent months in an effort to maximize number
use under the annual numerical limit.  As a result, applicant demand
for numbers, particularly for adjustment of status cases at Citizenship
and Immigration Service (CIS) Offices, is expected to increase
significantly.  Therefore, it cannot be assumed that such advances will
continue during the coming months.  It should be noted that the
Department of Labor expects to complete its backlog reduction effort
during FY-2007.  This effort will result in tens of thousands of cases,
including many with very early priority dates, becoming eligible for
processing at CIS Offices.  This could require the retrogression of the
Employment Third preference cut-off dates at any time during FY-2007.

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: August 10, 2006.