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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.

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Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies’ Bait and Switch

VIA AILA
06/02/2007

WASHINGTON, D.C.–The American Immigration Lawyers Association
strongly condemns the bait and switch perpetrated by the federal
government on thousands of intending immigrants who have waited in line
for years and were following the rules for obtaining a “green card.”

On June 13, 2007, the U.S. State Department announced that, as of
July 2, individuals seeking permanent residence (“green cards”) through
employer sponsorship finally would be allowed to proceed with their
applications. Applicants would have a short window, possibly only
through July or perhaps August, to complete their paperwork.

Those intending immigrants, immediately and at great expense, rushed
to gather final documents, complete their paperwork and obtain required
medical exams. Many sent their applications off on Friday, June 29 for
arrival on July 2 at the Department of Homeland Security, for the last
phase of the multi-step process that leads to a green card.

However, on the very day the door was to open, DOS and DHS slammed it shut.

On July 2, DHS and DOS announced-based on no different information
than they had on June 13 when they announced the opening of this filing
door-that all applications would be turned away.

“People ask why those who come to the United States illegally can’t
just follow the rules,” said Kathleen Campbell Walker, President of the
American Immigration Lawyers Association. “But here people followed the
rules and did everything right, yet without warning or explanation the
door was slammed in their faces. This hoax perpetrated by these two
government agencies is unconscionable, and is an example of how badly
our immigration system is broken.”

AILA calls on the Administration to do the right thing and keep its
promise to the people affected by this sudden reversal. AILA also calls
on Congress to get it right this time and fix our badly broken system.

VISA BULLETIN FOR JULY 2007 – All Employment Based Categories current

Number 107
Volume VIII
Washington, D.C.


VISA BULLETIN FOR JULY 2007



A. STATUTORY NUMBERS


1. This bulletin summarizes the availability of immigrant numbers during July. 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 June 12th 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  01JUL01 01JUL01 01JUL01 01JAN91 22APR92
2A 01JUN02 01JUN02 01JUN02 01AUG01 01JUN02
2B 08FEB98 08FEB98 08JUN98 08MAR92 01OCT96
3rd 15JUL99 15JUL99 15JUL99 08FEB88 01JAN85
4th 01AUG96 01MAR96 08FEB96 22JUL94 01APR85

*NOTE: For July, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01AUG01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 01AUG01 and earlier than 01JUN02. (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 C C C C
3rd 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
Iraqi & Afghani Translators 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 July, 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 35,500

Except:
Egypt:
22,600
Ethiopia:
22,900
Nigeria:
16,150

ASIA 7,750  
EUROPE 23,000 Except:
Ukraine
13,000
NORTH AMERICA (BAHAMAS) 12  
OCEANIA 1,800  
SOUTH AMERICA, and the CARIBBEAN 2,500  

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 AUGUST


For August, 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 CURRENT

Except:
Egypt:
22,600
Ethiopia 16,000
Nigeria 18,700

ASIA CURRENT Except: Bangladesh 8,150
EUROPE CURRENT Except:
Ukraine 13,700
NORTH AMERICA (BAHAMAS) CURRENT  
OCEANIA CURRENT  
SOUTH AMERICA, and the CARIBBEAN CURRENT  

D. EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORY


The few remaining “Other Worker” numbers which were available for allocation were all used and the 5,000 annual numerical limit was reached during the month of June. It has therefore been necessary to make the Employment Third preference “Other Worker” category “Unavailable” for July, and it will remain so for the remainder of the fiscal year.


E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.


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:June 12, 2007


 

VISA BULLETIN FOR JUNE 2007

Number 106
Volume VIII
Washington, D.C.


VISA BULLETIN FOR JUNE 2007


A. STATUTORY NUMBERS:

1. This bulletin summarizes the availability of immigrant numbers during June. 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 May 11th 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  01JUN01 01JUN01 01JUN01 01JAN91 22APR92
2A 22APR02 22APR02 22APR02 01MAY01 22APR02
2B 01DEC97 01DEC97 01DEC97 08MAR92 01OCT96
3rd 15MAY99 15MAY99 15MAY99 08FEB88 01JAN85
4th 08JUN96 08JAN96 22JAN96 15JUL94 01MAR85

*NOTE: For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 01MAY01 and earlier than 22APR02. (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 01JAN06 01APR04 C C
3rd 01JUN05 01JUN03 01JUN03 01JUN03 01JUN05
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
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 June, 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 27,000

Except:
Egypt:
21,800
Ethiopia:
18,900
Nigeria:
14,600

ASIA 6,800  
EUROPE 19,000 Except:
Ukraine
11,850
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 1,100  
SOUTH AMERICA, and the CARIBBEAN 1,750  

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 JULY


For July, 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 35,500

Except:
Egypt:
22,600
Ethiopia 22,900
Nigeria 16,150

ASIA 7,750  
EUROPE 23,000 Except:
Ukraine 13,000
NORTH AMERICA (BAHAMAS) 12  
OCEANIA 1,800  
SOUTH AMERICA, and the CARIBBEAN 2,500  

D. EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORY FOR JUNE


A few “Other Worker” numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become “Unavailable” once again beginning in July and will remain so for the remainder of FY-2007.


E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS


The current level of demand in many of the Employment-based categories has been much lower than anticipated. As a result, the June cut-off dates have been advanced significantly in an effort to maximize number use under the annual numerical limits. At this time it appears likely that there will be additional advances during the coming months.


All readers should be aware that such cut-off date movements should allow for action to be finalized on a significant number of Citizenship and Immigration Services adjustment of status cases. Once that level of demand begins to exceed the supply of available numbers it will be necessary to make “adjustments” to the cut-off dates. At this time is in not possible to estimate when this is likely to occur, but it is expected.


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:May 11, 2007

VISA BULLETIN FOR APRIL 2007

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
April. Consular officers are required to report to the Department of
State documentarily qualified applicants for numerically limited visas;
the Bureau of Citizenship and Immigration Services in the Department of
Homeland Security reports applicants for adjustment of status.
Allocations were made, to the extent possible under the numerical
limitations, for the demand received by March 8th in the chronological
order of the reported priority dates. If the demand could not be
satisfied within the statutory or regulatory limits, the category or
foreign state in which demand was excessive was deemed oversubscribed.
The cut-off date for an oversubscribed category is the priority date of
the first applicant who could not be reached within the numerical
limits. Only applicants who have a priority 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  08MAY01 08MAY01 08MAY01 01JAN94 22FEB92
2A 01APR02 01APR02 01APR02 01DEC00 01APR02
2B 15AUG97 15AUG97 15AUG97 01MAR92 01OCT96
3rd 22MAR99 22MAR99 22MAR99 08FEB88 01JAN85
4th 01MAY96 15OCT95 01JAN96 08JUN94 01NOV84

*NOTE:
For April, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 01DEC00.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT  MEXICO with priority dates
beginning 01DEC00 and earlier than 01APR02. (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 22APR05 08JAN03 C C
3rd 01AUG02 01AUG02 08MAY01 15MAY01 01AUG02
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
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
April, 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 17,700

Except:
Ethiopia
15,400
Nigeria
10,750

ASIA 5,125  
EUROPE 15,100 Except:
Ukraine
10,700
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 825  
SOUTH AMERICA, and the CARIBBEAN 1,240  

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 MAY

For
May, 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 20,550

Except:
Ethiopia 17,100
Nigeria 12,375

ASIA 5,825  
EUROPE 16,000 Except:
Ukraine 11,100
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 900  
SOUTH AMERICA, and the CARIBBEAN 1,450  

 D. RETROGRESSION OF THE MEXICO AND PHILIPPINES FAMILY THIRD PREFERENCE CATEGORY CUT-OFF DATES

It
has been necessary to retrogress the cut-off dates for the Mexico and
Philippines Family Third preference category for the month of April in
an attempt to keep the issuance level within the annual numerical
limit. Further retrogression or “unavailability” in future months
cannot be ruled out.

E. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored: It is likely that the Mexico Family First preference cut-off date will retrogress for the month of May.

Employment-based:
It is likely that the Employment Third Preference “Other Worker” (EW)
category will become unavailable beginning in May.

Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment
of status cases at Citizenship and Immigration Services Offices.  

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: March 8, 2007

VISA BULLETIN FOR MARCH 2007

Visa Bulletin


Number 103
Volume VIII
Washington, D.C.


VISA BULLETIN FOR MARCH 2007


A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 February 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority 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  01MAY01 01MAY01 01MAY01 01JAN94 22JAN92
2A 22MAR02 22MAR02 22MAR02 15AUG00 22MAR02
2B 01JUL97 01JUL97 01JUL97 01MAR92 01OCT96
3rd 01MAR99 01MAR99 01MAR99 01AUG94 01SEP90
4th 22MAR96 22AUG95 08NOV95 01MAY94 01SEP84

*NOTE: For March, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15AUG00. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 15AUG00 and earlier than 22MAR02. (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 22APR05 08JAN03 C C
3rd 01AUG02 01AUG02 08MAY01 15MAY01 01AUG02
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
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 March, 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 15,250

Except:
Ethiopia
13,300
Nigeria
9,125

ASIA 4,450  
EUROPE 13,175 Except:
Ukraine
10,400
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 700  
SOUTH AMERICA, and the CARIBBEAN 1,010  

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 APRIL


For April, 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 17,700

Except:
Ethiopia 15,400
Nigeria 10,750

ASIA 5,125  
EUROPE 15,100 Except:
Ukraine 10,700
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 825  
SOUTH AMERICA, and the CARIBBEAN 1,240  

D. RETROGRESSION OF THE MEXICO AND PHILIPPINES FAMILY THIRD PREFERENCE CATEGORY CUT-OFF DATES


It has been necessary to retrogress the cut-off dates for the Mexico and Philippines Family Third preference categories for the month of March in an attempt to keep the issuance level within the annual numerical limit. Further retrogression, or “unavailability”, in future months cannot be ruled out.


E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY DURING THE COMING MONTHS


Little if any forward movement in the Employment Third preference category is expected in the near future.  Recent discussions with both Citizenship and Immigration Services (CIS) and the Department of Labor indicate that the demand for numbers with pre-August 2002 priority dates is likely to be extremely high in the coming months as both agencies continue to work on their backlogs.  This could easily cause a retrogression of the current Employment Third preference cut-off dates should that demand begin to materialize at CIS offices during the spring and summer months.


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:February 8, 2007

VISA BULLETIN FOR JANUARY 2007

Visa Bulletin

Number 101
Volume VIII
Washington, D.C.

VISA BULLETIN FOR JANUARY 2007

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
January. 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 December 7th 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 01JAN94 15DEC91
2A 15MAR02 15MAR02 15MAR02 15MAR00 15MAR02
2B 08APR97 08APR97 08APR97 01MAR92 08SEP96
3rd 01JAN99 01JAN99 01JAN99 01JAN95 08FEB91
4th 08JAN96 22JUN95 01OCT95 22JAN94 01JUL84

*NOTE:
For January, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 15MAR00.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT MEXICO with priority dates beginning
15MAR00 and earlier than 15MAR02. (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 22APR05 08JAN03 C C
3rd 01AUG02 01AUG02 08MAY01 15MAY01 01AUG02
Schedule
A
Workers
15JUN04 15JUN04 15JUN04 15JUN04 15JUN04
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
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
January, 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 11,300

Except:
Egypt
10,900
Ethiopia
9,000
Nigeria
7,000

ASIA 3,800  
EUROPE 9,900  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 460  
SOUTH AMERICA, and the CARIBBEAN 700  

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 FEBRUARY

For
February, 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 11,850

Except:
Ethiopia 10,800
Nigeria 7,600

ASIA 3,800  
EUROPE 10,400  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 550  
SOUTH AMERICA, and the CARIBBEAN 825  

 

D. SCHEDULE A WORKER VISA CATEGORY

A
small amount of Schedule A Worker numbers which had been provided to
consular offices for November use were returned unused after the end of
the month and thus became available for reallocation. All remaining
Schedule A Worker numbers have been made available to applicants whose
priority dates are within the January cut-off date (15JUN04). The
Schedule A Worker category will be removed from the listings beginning
with the February cut-off dates.

E. OTHER NOTES ON VISA AVAILABILITY

FAMILY:
Demand for numbers in the Mexico and Philippines Family Third
preference category has been very heavy during the first quarter. No
movement of those cut-off dates can be expected, and continued heavy
demand may require the retrogression of the dates at some point in the
future.

EMPLOYMENT:
Demand for numbers in the Employment Third “Other Workers” category, as
well as the China and India Employment Second preference categories,
has been escalating. No movement in those cut-off dates will be
possible until the current level of demand subsides.

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/VOecember 7, 2006

VISA BULLETIN FOR DECEMBER 2006

Visa Bulletin

Number 100
Volume VIII
Washington, D.C.

VISA BULLETIN FOR DECEMBER 2006

A.  STATUTORY NUMBERS

1. 
This bulletin summarizes the availability of immigrant numbers during
December. Consular officers are required to report to the Department of
State documentarily qualified applicants for numerically limited visas;
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 November 8th in the
chronological order of the reported priority dates. If the demand could
not be satisfied within the statutory or regulatory limits, the
category or foreign state in which demand was excessive was deemed
oversubscribed.  The cut-off date for an oversubscribed category is the
priority date of the first applicant who could not be reached within
the numerical limits. Only applicants who have a priority 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 01JAN94 01DEC91
2A 01MAR02 01MAR02 01MAR02 15JAN00 01MAR02
2B 08MAR97 08MAR97 08MAR97 01MAR92 22AUG96
3rd 08DEC98 08DEC98 08DEC98 01JAN95 08FEB91
4th 01DEC95 22MAY95 22SEP95 22NOV93 01JUN84

*NOTE: 
For December, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than
15JAN00.  2A numbers SUBJECT to per-country limit are available to
applicants chargeable to all countries EXCEPT MEXICO with priority
dates beginning 15JAN00 and earlier than 01MAR02. (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 22APR05 08JAN03 C C
3rd 01AUG02 01AUG02 22APR01 08MAY01 01AUG02
Schedule
A
Workers
U U U U U
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
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
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  

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 RANKCUT-OFFS WHICH WILL APPLY IN JANUARY

For
January, 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 11,300

Except:
Egypt
10,900
Ethiopia 9,000
Nigeria 7,000

ASIA 3,800  
EUROPE 9,900  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 460  
SOUTH AMERICA, and the CARIBBEAN 700  

D.  SCHEDULE A WORKER VISA CATEGORY

The
50,000 numbers provided under Title V, Section 502 of the REAL ID Act
of 2005 (Division B of Pub. L. 109-13 enacted May 11, 2005) have all
been allocated.  Therefore, the “Schedule A Worker” category has become
“Unavailable” for December.

The Schedule A Worker category is shown in the December cut-off date table, but will be removed from future listings.

E.  SPECIAL IMMIGRANT (SI) STATUS FOR PERSONS SERVING AS TRANSLATORS WITH THE UNITED STATES ARMED FORCES  

The
National Defense Authorization Act for Fiscal Year 2006 (Title X,
Section 1059 of Public Law 109-163 enacted January 6, 2006) established
a new immigrant visa classification for self-petitioning Iraqi or
Afghani nationals who have worked directly with the United States Armed
Forces as translators for a period of at least 12 months.  The total
number of principal aliens who may be provided special immigrant status
under this provision may not exceed 50 in any fiscal year.  This new
classification is included in the Employment Fourth preference
category. 

It has been necessary to establish a cut-off date for this classification in an effort to hold number use within the annual
limit.  That cut-off date for this Iraqi and Afghani Translator category is:  18SEP06

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:November 8, 2006

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

U.S. Department of State – Priority Dates for Diversity Immigrant (DV) Category

Diversity Immigrant (DV)
Category


U.S. Department of State – Priority Dates
NOTE: This information has been obtained
from the Department of State visa bulletin.

OCTOBER 2006

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 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:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

5,700
Except: Egypt
3,100

Ethiopia 3,500
Nigeria 2,700

ASIA

1,550

EUROPE

3,450

NORTH AMERICA (BAHAMAS)

4

OCEANIA

150

SOUTH AMERICA, and
the CARIBBEAN

225

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.

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

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

U.S. Department of State – Priority Dates for Employment-Based Preferences, October 2006

Employment-Based Preferences


U.S. Department of State – Priority Dates for October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.

Employment-Based

All Chargeability Areas Except Those
Listed

CHINA- mainland born

INDIA

MEXICO

PHILLIPINES

1st

C

C

C

C

C

2nd

C

01APR05

15JUN02

C

C

3rd

01MAY02

01MAY02

22APR01

01MAY01

01MAY02

Schedule A Workers

C

C

C

C

C

Other Workers

01JAN01

01JAN01

01JAN01

01JAN01

01JAN01

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted Employ-ment Areas/ <st1laceName w:st=”on”>Regional</st1laceName> <st1laceType w:st=”on”>Centers</st1laceType>

C

C

C

C

C

“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.)

1st:  

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

2nd:  

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.

3rd:  

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”.

4th:  

Certain Special Immigrants:
7.1% of the worldwide level.

5th:  

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.

U.S. Department of State – Priority Dates for Family Based Preferences, October 2006

U.S. Department of State – Priority Dates for Family Based Preferences, October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.

Family

All
Chargeability Areas

Except Those Listed

CHINA-mainland
born

INDIA

MEXICO

PHILIP-PINES

1st

01MAY00

01MAY00

01MAY00

01JAN93

01NOV91

2A

22APR01

22APR01

22APR01

15OCT99

22APR01

2B

01JAN97

01JAN97

01JAN97

15FEB92

22JUL96

3rd

22OCT98

22OCT98

22OCT98

01JAN94

01AUG90

4th

15SEP95

01FEB95

01AUG95

15SEP93

01APR84

 

1st:

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

2A:

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

2B:

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

3rd:

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

4th:

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

Visa Bulletin For October 2006

Visa Bulletin

Number 98
Volume VIII
Washington, D.C.

VISA BULLETIN FOR OCTOBER 2006

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
October. 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 September 8th in the
chronological order of the reported priority dates. If the demand could
not be satisfied within the statutory or regulatory limits, the
category or foreign state in which demand was excessive was deemed
oversubscribed. The cut-off date for an oversubscribed category is the
priority date of the first applicant who could not be reached within
the numerical limits.

Only
applicants who have a priority 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  01MAY00 01MAY00 01MAY00 01JAN93 01NOV91
2A 22APR01 22APR01 22APR01 15OCT99 22APR01
2B 01JAN97 01JAN97 01JAN97 15FEB92 22JUL96
3rd 22OCT98 22OCT98 22OCT98 01JAN94 01AUG90
4th 15SEP95 01FEB95 01AUG95 15SEP93 01APR84

*NOTE:
For October, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 15OCT99.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT  MEXICO with priority dates
beginning 15OCT99 and earlier than 22APR01. (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 01APR05 15JUN02 C C
3rd 01MAY02 01MAY02 22APR01 01MAY01 01MAY02
Schedule
A
Workers
C C C C C
Other
Workers
01JAN01 01JAN01 01JAN01 01JAN01 01JAN01
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
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:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 5,700

Except:
Egypt
3,100
Ethiopia
3,500
Nigeria
2,700

ASIA 1,550  
EUROPE 3,450  
NORTH AMERICA (BAHAMAS) 4  
OCEANIA 150  
SOUTH AMERICA, and the CARIBBEAN 225  

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 NOVEMBER

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  

D. 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:September 8, 2006