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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

List Of Priority Dates for January 2010


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List Of Priority Dates for January 2010
Family Based Immigration
All Charge- ability Areas Except Those Listed CHINA- mainland born India Mexico Philippines
Family-1st  Apr 1 2004  Apr 1 2004  Apr 1 2004  Aug 15 1992  Dec 1 1993
Family-2A  Jan 1 2006  Jan 1 2006  Jan 1 2006  Jan 1 2004  Jan 1 2006
Family-2B  Dec 1 2001  Dec 1 2001  Dec 1 2001  Jun 8 1992  Jul 1 1998
Family-3rd  May 22 2001  May 22 2001  May 22 2001  Sep 15 1992  Dec 1 1991
Family-4th  Oct 1 1999  Oct 1 1999  Oct 1 1999  Nov 22 1995  May 1 1987
Employment Based Immigration
All Charge- ability Areas Except Those Listed CHINA- mainland born India Mexico Philippines
5th Pilot Progams  Current  Current  Current  Current  Current
Employment-1st  Current  Current  Current  Current  Current
Employment-2nd  Current  May 1 2005  Jan 22 2005  Current  Current
Employment-3rd  Aug 1 2002  Aug 1 2002  Jun 22 2001  Jul 1 2002  Aug 1 2002
Employment-4th  Current  Current  Current  Current  Current
Employment-5th  Current  Current  Current  Current  Current
Employment-OTHER Workers  Jun 1 2001  Jun 1 2001  Jun 1 2001  Jun 1 2001  Jun 1 2001
Employment-Religious Categories  Current  Current  Current  Current  Current
Employment-Targeted Employment Areas  Current  Current  Current  Current  Current
Diversity Visa Priority Dates
Region Region Number
AFRICA 23,400
AFRICA – Egypt 12,300
AFRICA – Ethiopia 12,475
AFRICA – Nigeria 12,900
ASIA 9,475
EUROPE 19,750
NORTH AMERICA (BAHAMAS) 4
OCEANIA 775
SOUTH AMERICA, and the CARIBBEAN 925

VISA BULLETIN FOR APRIL 2009

Number 7
Volume XI
Washington, D.C.


VISA BULLETIN FOR APRIL 2009




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 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”.  


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  15AUG02 15AUG02 15AUG02 08OCT92 01AUG93
2A 15AUG04    15AUG04    15AUG04  01JAN02  15AUG04
2B 01SEP00 01SEP00 01SEP00   01MAY92 15JAN98
3rd 22AUG00  22AUG00  22AUG00 22OCT92  15JUN91
4th 15APR98 08JAN98  15APR98  22APR95 22JUN86

*NOTE:  For April, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JAN02 and earlier than 15AUG04.  (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 15FEB05 15FEB04 
3rd 01MAR03 01MAR03 01NOV01 01MAR03 01MAR03
Other
Workers
01MAR01 01MAR01 01MAR01 01MAR01 01MAR01
4th C C C C C
Certain Religious Workers
5th C C C C C
Targeted Employ-ment Areas C C C C C
5th Pilot Progams 

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-2009 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-2009 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 26,900 Except:
Egypt 17,400
Ethiopia 15,700
Nigeria 9,900
ASIA 17,400  Except:
Bangladesh  11,000
EUROPE 20,800   
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 715  
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-2009 program ends as of September 30, 2009.  DV visas may not be issued to DV-2009 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2009 principals are only entitled to derivative DV status until September 30, 2009.  DV visa availability through the very end of FY-2009 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-2009 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 32,400 Except:
Egypt 19,150
Ethiopia 17,750
Nigeria 11,550
ASIA 22,800  
EUROPE 24,900    
NORTH AMERICA (BAHAMAS) 10    
OCEANIA 825  
SOUTH AMERICA, and the CARIBBEAN 1,000  

D.  EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
  
Employment Fourth Preference Certain Religious Workers:


Pursuant to Section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Pub. L. 110-391), the nonminister special immigrant program expires on March 6, 2009. 


Employment Fifth Preference Pilot Program Categories (I5, R5):


Pursuant to Section 144 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the immigrant investor pilot program expires on March 6, 2009. 


The cut-off dates for the above categories are shown as “Unavailable” for April.  Congress is considering an extension for each of these categories, but there is no certainty when such legislative action may occur.  If legislation to extend either of these categories is enacted, the cut-off date for that category would immediately become “Current.”


            
E.  RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL


Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high.  Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit.  Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced.  As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately.  It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out. 


It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.



F.  VISA AVAILABILITY IN THE COMING MONTHS

During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement.  Such action is normally followed by an increase in applicant demand.   Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY-2009, in order to hold visa use within the applicable annual numerical limits.  Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.

G. 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 6, 2009

VISA BULLETIN FOR MARCH 2009

<A href="/files/4941-4844/1212.pdf”>VISA BULLETIN FOR MARCH 2009

Some Observations from DOS on India EB-2 Unavailability

Via AILA



On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.


For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.


As is always the case, Charlie is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned.

VISA BULLETIN FOR SEPTEMBER 2007







Visa Bulletin


Number 110
Volume VIII
Washington, D.C.


VISA BULLETIN FOR SEPTEMBER 2007



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 13th 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 2007 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 2007 limit for employment-based preference immigrants calculated under INA 201 is 147,148.  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., 26,120 for FY-2000.  The dependent area limit is set at 2%, or 7,463.



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, 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  01OCT01 01OCT01 01OCT01 01JAN91 15MAY92
2A 08OCT02 08OCT02 08OCT02  01APR02  08OCT02
2B 01JUL98 01JUL98 01JUL98 08MAR92 15NOV96
3rd 01JAN00 01JAN00 01JAN00 08FEB88 15FEB91
4th 01MAR97 22JUL96 15APR96  01SEP90 01JUN85

 


*NOTE:  For September, 2A numbersEXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01APR02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT  MEXICO with priority dates beginning 01APR02 and earlier than 08OCT02. (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 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
3rd 01AUG02 U U U 01AUG02
Other
Workers
U U U U U
4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Targeted Employ-ment Areas/
Regional Centers
01JAN07 01JAN07 01JAN07 01JAN07 01JAN07

     


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 September, 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 numbersBELOW the specified allocation cut-off number:
































Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA CURRENT

Except:
Egypt:
23,900
Ethiopia:
16,000
Nigeria:
20,700

ASIA CURRENT  
EUROPE CURRENT  
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-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 OCTOBER


For October, immigrant numbers in the DV category are available to qualified DV-2008 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:












  All DV Chargeability
  Areas Except Those
Region    Listed Separately

This data is not currently available.  The bulletin will be updated with this information within the next two days.  Please check back later.


 


D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER


Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.




E.   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 Immigration Services (CIS) 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.  On July 29th, CIS provided the required data to VO.


The Department of State has determined the family and employment preference numerical limits for FY-2007 in accordance with the terms of Section 201 of the INA.  These numerical limitations for FY-2007 are as follows:


 


     Worldwide Family-Sponsored preference limit:         226,000


     Worldwide Employment-Based preference limit:         147,148


 


Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits.  For FY-2007 the per-country limit is 26,120.  The dependent area annual limit is 2%, or 7,463.



F.


Item F which provides information on the DV-2008 program is in the process of being completed, The bulletin will be updated to include both items C and F within the next two days.  Please check back.


 


G.  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:   


                    <A href="http://travel.state.gov

“>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 13, 2007





VISA BULLETIN FOR AUGUST 2007















































VISA BULLETIN FOR AUGUST 2007


 


FAMILY CATEGORIES

Categories Worldwide China (PRC) India Mexico Philippines
1st 08-01-01 08-01-01 08-01-01 01-01-91 01-05-92
2A 07-22-02 07-22-02 07-22-02 11-01-01 06-22-02
2B 04-08-98 04-08-98 04-08-98 03-08-92 10-22-96
3rd 10-01-99 10-01-99 10-01-99 02-08-88 01-01-85
4th 11-01-96 07-22-96 03-01-96 02-01-93 05-01-85






























































EMPLOYMENT CATEGORIES

Categories Worldwide China (PRC) India Mexico Philippines
1st Unavailable Unavailable Unavailable Unavailable Unavailable
2nd Unavailable Unavailable Unavailable Unavailable Unavailable
3rd Unavailable Unavailable Unavailable Unavailable Unavailable
Unskilled Unavailable Unavailable Unavailable Unavailable Unavailable
4th Unavailable Unavailable Unavailable Unavailable Unavailable
Religious Unavailable Unavailable Unavailable Unavailable Unavailable
5th Unavailable Unavailable Unavailable Unavailable Unavailable

USCIS Announces Revised Processing Procedures for Adjustment of Status Applications

USCIS Announces Revised Processing Procedures for Adjustment of Status Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that,
beginning immediately, it will accept employment-based applications to adjust status (Form I-
485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.
USCIS will accept applications filed not later than August 17, 2007.

On July 2, 2007, USCIS announced that it would not accept any additional employment-based
applications to adjust status. USCIS made that announcement after receiving an update from the
Department of State that it would not authorize any additional employment-based visa numbers
for this fiscal year. After consulting with USCIS, the Department of State has advised that
Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for
purposes of determining employment visa number availability, and that Visa Bulletin #108
(dated July 2) has been withdrawn.

“The public reaction to the July 2 announcement made it clear that the federal government’s
management of this process needs further review,”
said Emilio Gonzalez, USCIS Director. “I
am committed to working with Congress and the State Department to implement a more efficient
system in line with public expectations.”


USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No.
107 a full month’s time to do so. Applications already properly filed with USCIS will also be
accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107
through August 17, 2007.
(The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
-USCIS

How Did All Those Employment-Based Numbers Get “Used” So Quickly?

Via AILA
07/03/2007




AILA members have been receiving reports from multiple officials within USCIS indicating that USCIS HQ recently issued instructions to pull for adjudication every employment-based case that had been pending for more than six months, regardless of whether background checks were cleared. USCIS offices report having worked all of the weekend of June 30, 2007, to comply with these instructions. This was apparently to use up as many visa numbers as possible in order to try to cut off receipt of new filings when most employment-based visa categories came current on 7/1/07.


Note that this information has not been confirmed by USCIS HQ.

Press Release – Rep. Lofgren Issues Statement on Updated Visa Bulletin

07/03/2007
Via Rep Lofgren’s Website


Press Release


Rep. Lofgren Issues Statement on Updated Visa Bulletin


July 3, 2007


Washington, D.C. – Representative Zoe Lofgren (D-San Jose) today issued the following statement in response to the State Department’s update of the July Visa Bulletin and the subsequent rejection of applications for adjustment of status by the U.S. Citizenship and Immigration Services (USCIS).



I’m deeply concerned by today’s updating of the July Visa Bulletin by the Departments of State and Homeland Security. By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, thousands of dollars in legal fees and other application related expenses are incurred in preparation for filing applications based on the these monthly bulletins.


This update sets a terrible precedent, and undermines our nation’s efforts to foster legal and orderly immigration.


 

Rep. Lofgren recently sent Secretaries Rice and Chertoff letters asking them to reconsider any mid-month updates of the July Visa Bulletin.


 

The complete text of both letters is below:   


 


 



 

Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County.  She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee.  Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California. 


 

 

 

The Honorable Michael Chertoff


Secretary

U.S. Department of Homeland Security


Washington, DC  20528

 

Dear Secretary Chertoff:


 

I am writing with regard to a time sensitive matter.  It has been brought to my attention that you are considering the rejection of adjustment of status applications for several employment-based immigration preference categories, despite the fact that the published July Visa Bulletin shows that visas for these categories are available.  I am concerned that such action may violate the law and could threaten the integrity of our immigration system.  In addition, such an act may cause the Department of Homeland Security to incur substantial litigation costs.


 

As you know, pursuant to your own regulations, “[i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.”  8 CFR 245.1(g).  Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, your Department must accept those adjustment of status applications for adjudication.


 

I understand that you are considering the return of applications for adjustment of status as early as today despite the fact that the published July Visa Bulletin would allow for their acceptance.  As you may know, thousands of businesses have acted in reliance upon the July Visa Bulletin and 8 CFR 245.1(g), just as they have done in previous months for several years now.  I have been told that many U.S. businesses have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc.  Moreover, some have already submitted such applications for receipt today, July 2, 2007, in reliance upon the law and precedent.  Changing course now could result in the loss of thousands of dollars already expended by businesses and individuals, and more importantly, threaten the integrity and predictability of our immigration system.


 

Moreover, I am very concerned that you may choose to reject adjustment of status applications while the Visa Bulletin shows that immigrant visas are available.  Such an action may spawn litigation that I understand many are considering and preparing to undertake.


 

As you know, I have raised concern over the recent decision to raise immigration application fees by, on average, over 80%.  One of the justifications provided for such a large increase was litigation costs. 


 

While some costs of litigation are certainly justified in defense of the Government, I would have serious concern over litigation to defend the Department of Homeland Security from a decision to reject applications of adjustment of status in light of the existing regulations and the July Visa Bulletin showing most employment-based visas as available. 


 

Before you take any action to reject adjustment of status applications, I would greatly appreciate a timely response to this letter and a meeting to discuss the matter.  In your response, I would like an explanation of the reasons you are considering for taking action contrary to 8 CFR 245.1(g), years of precedent, and the potential for litigation which could cost the Department a substantial amount it cannot spare for litigation at this time. 


 

Thank you for your timely consideration of this very important matter.   


 

Sincerely,

 

Zoe Lofgren


Chairwoman

Subcommittee on Immigration, Citizenship, Refugees, Border Security, & International Law


 

 

 

 

The Honorable Condoleezza Rice


Secretary

U.S. Department of State


2201 C Street, NW


Washington, DC  20451

 

Dear Secretary Rice:


 

I am writing with regard to a time sensitive matter.  It has been brought to my attention that the Department of State may revise its July Visa Bulletin published on June 13, 2007, to reflect a retrogression or unavailability of immigrant visas in several employment-based immigration categories.  I am concerned about the effect such unprecedented action will have on the predictability and reliability of our legal immigration system and on those who rely upon it. 


 

As you know, pursuant to your authority to control the numerical limitations of visas as described in 22 CFR 42.51, each month your Department issues a Visa Bulletin that is consulted by hundreds of thousands of U.S. businesses seeking immigrant visas to determine whether an immigrant visa is immediately available for their employees.


 

On June 13, your Department announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the “Other Workers” category) for immigrant visas will be “current,” meaning that U.S. businesses going through the lengthy and backlogged immigrant visa or “green card” process can, throughout July, file adjustment of status applications.  Your regulations at 22 CFR 42.51 allow them to rely on and use such information.  Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated. 


 

I have been told, however, that your Department is seriously considering a revision of the July Bulletin as early as today or tomorrow that would retrogress the visas available in various employment categories.  This unprecedented action would result in the termination of thousands of applications by U.S. businesses who have prepared and are ready to file applications on behalf of their employees pursuant to the June 13th publication of your Department’s July Visa Bulletin. 


 

It is my understanding that such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.  I am concerned that the extraordinary action of revising a bulletin mid-month may be taken without serious consideration of the effect on precedence, stability in immigration law, and predictability for those who rely upon the Visa Bulletin. 


 

Furthermore, it is my understanding that thousands of businesses have acted in reliance upon the July Visa Bulletin, just as they have done with previous Bulletins.  I have been told that, based upon the July Visa Bulletin, many businesses have taken the necessary steps to prepare for the submission of applications for adjustment of status, including thousands of dollars of legal expenses, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. 


 

Before any decision is made to revise the July Visa Bulletin, I would greatly appreciate a timely response to this letter and a meeting to discuss the matter.  In your response, I would like an explanation of the reason you chose to issue a visa bulletin listing most employment-based immigrant visas as current, when just a few weeks later—after thousands of employers and employees have acted in reliance upon the bulletin, but before applications could be submitted based upon the bulletin—you are now considering a change of course.  I would also appreciate an explanation of whether and in what ways you have considered the serious ramifications of such action upon the integrity, stability, and predictability of our immigration law. 


 

Thank you for your timely consideration of this very important matter.   


 

Sincerely,

 

Zoe Lofgren


Chairwoman

Subcommittee on Immigration, Citizenship, Refugees, Border Security, & International Law

VB Gate

VIA ILW.com

In one of the largest scandals in recent immigration history,
out-of-control executive branch agencies entrusted with running a
lawful and fair immigration system have cruelly and unjustly dashed the
hopes of hundreds of thousands of legal immigrants. The high drama over
the last few weeks featured DOS moving heavily retrogressed employment
visa numbers (especially for India, China, Mexico and the Phillippines)
to current (meaning un-retrogressed), and now to re-retrogressed.
Whether DOS/USCIS have the legal authority for this mumbo-jumbo is not
clear. Among the practical effects of this is to forbid work
authorization to many who would otherwise have been able to legally
work (such as H4s), and to forbid travel to many who would otherwise
have been making plans to visit loved ones overseas. In addition, of
course, USCIS will assess higher fees post-July 30th once the newly
increased USCIS fees go into effect.

Continue reading