VISA BULLETIN FOR NOVEMBER 2006

Visa Bulletin

Number 99
Volume VIII
Washington, D.C.

VISA BULLETIN FOR NOVEMBER 2006

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
November. 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 October 6th 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.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”.

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.)

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st  22APR01 22APR01 22APR01 01JUL93 15NOV91
2A 01SEP01 01SEP01 01SEP01 01DEC99 01SEP01
2B 01FEB97 01FEB97 01FEB97 22FEB92 15AUG96
3rd 15NOV98 15NOV98 15NOV98 01JAN95 08FEB91
4th 22OCT95 22APR95 01AUG95 22OCT93 01MAY84

*NOTE:
For November, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 01DEC99.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT  MEXICO with priority dates
beginning 01DEC99 and earlier than 01SEP01. (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.)

 

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

         
1st C C C C C
2nd C 15APR05 01JAN03 C C
3rd 01JUL02 01JUL02 22APR01 08MAY01 01JUL02
Schedule
A
Workers
01OCT05 01OCT05 01OCT05 01OCT05 01OCT05
Other
Workers
01MAY01 01MAY01 01MAY01 01MAY01 01MAY01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment 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-2007 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
November, 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:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 8,500

Except:
Egypt
5,600
Ethiopia
5,600
Nigeria
4,300

ASIA 2,600  
EUROPE 5,700  
NORTH AMERICA (BAHAMAS) 6  
OCEANIA 280  
SOUTH AMERICA, and the CARIBBEAN 350  

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-2007 program ends as of September 30, 2007. DV visas may not be
issued to DV-2007 applicants after that date. Similarly, spouses and
children accompanying or following to join DV-2007 principals are only
entitled to derivative DV status until September 30, 2007. DV visa
availability through the very end of FY-2007 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-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:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 10,300

Except:
Egypt
7,700
Ethiopia 7,300
Nigeria 5,900

ASIA 3,500  
EUROPE 7,700  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 375  
SOUTH AMERICA, and the CARIBBEAN 525  

D. OVERSUBSCRIPTION OF THE SCHEDULE A WORKER (EX) VISA CATEGORY

Background:
Title V, Section 502 of the REAL ID Act of 2005 (Division B of Pub. L.
109-13 enacted May 11, 2005) provided for the recapture of 50,000
Employment-based immigrant visa numbers that were unused in fiscal
years 2001 through 2004. Such numbers have been made available to
Employment-based immigrants described in the Department of Labor’s
Schedule A and their accompanying spouses and children. The immigrant
category for these 50,000 visa numbers was designated as Schedule A
Workers in the cut-off date table.

Issue: The
Schedule A Workers category has become oversubscribed for November and
a cut-off date established to hold number use within the 50,000
numerical limit. It is expected that demand will bring allocations up
to the program limit during November. Once the limit is reached no
further allocations will be possible, and the category listing will be
removed from future cut-off date tables.

E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS

Cut-off
date movements in recent months have been greater than might ordinarily
be expected, in an effort to maximize number use within the annual
numerical limits. This has been necessary because demand being received
from Citizenship and Immigration Services (CIS) Offices for adjustment
of status cases has been relatively light. As these dates have
advanced, however, many thousands of applicants have become eligible
for processing at CIS Offices. Once number use increases significantly
as CIS addresses its backlog, cut-off date movement will necessarily
slow or stop. Moreover, in some categories cut-off date retrogression
is a particular possibility.

Readers
should be aware that the recent rate of cut-off date advances will not
continue indefinitely; however, it is not possible to predict when
significantly increased CIS number use will begin to influence the
cut-off date determinations.

F. 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:October 6, 2006

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