Number 60
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by August 12th. If not all demand could be satisfied, 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. If 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 announced in this bulletin.
2. The fiscal year 2013 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality
Act (INA) is 226,000. The fiscal year 2013 limit for employment-based preference immigrants calculated under INA 201 is 158,466. Section 202 prescribes that
the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 26,913 for
FY-2013. The dependent area limit is set at 2%, or 7,689.
3. 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.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
| Family-Sponsored |
All Charge-ability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 15SEP06 | 15SEP06 | 15SEP06 | 08SEP93 | 08MAY01 |
| F2A |
C
|
C
|
C
|
C
|
C
|
| F2B | 15FEB06 | 15FEB06 | 15FEB06 | 22FEB94 | 22JAN03 |
| F3 | 22JAN03 | 22JAN03 | 22JAN03 | 15MAY93 | 22DEC92 |
| F4 | 22JUL01 | 22JUL01 | 22JUL01 | 08OCT96 | 15FEB90 |
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
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 Pub. L. 102-395.
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.)
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st |
C
|
C
|
C
|
C
|
C
|
| 2nd |
C
|
08AUG08 | 15JUN08 |
C
|
C
|
| 3rd | 01JUL10 | 01JUL10 | 22SEP03 | 01JUL10 | 01DEC06 |
| Other Workers | 01JUL10 | 15JUN04 | 22SEP03 | 01JUL10 | 01DEC06 |
| 4th |
C
|
C
|
C
|
C
|
C
|
| Certain Religious Workers |
C
|
C
|
C
|
C
|
C
|
| 5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C
|
C
|
C
|
C
|
C
|
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, 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.
6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA 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 resulted in reduction of the DV-2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For September, immigrant numbers in the DV category are available to qualified DV-2013 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 | |
| ASIA | CURRENT | |
| EUROPE | CURRENT | |
| NORTH AMERICA (BAHAMAS) | CURRENT | |
| OCEANIA | CURRENT | |
| SOUTH AMERICA, and the CARIBBEAN | CURRENT |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER
For October, immigrant numbers in the DV category are available to qualified DV-2014 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 |
7,500
|
Except: Egypt 5,000 Ethiopia 5,000 Nigeria 5,500 |
| ASIA |
1,800
|
|
| EUROPE |
8,000
|
|
| NORTH AMERICA (BAHAMAS) |
3
|
|
| OCEANIA |
300 |
|
| SOUTH AMERICA, and the CARIBBEAN |
500
|
D. VISA AVAILABILITY
FAMILY-sponsored:
F2A: This category was made “Current” in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.
EMPLOYMENT-based:
SECOND:
India: This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.
THIRD:
The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.
It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.
E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)
The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the USCIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 25th, USCIS provided the required data to VO.
The Department of State has determined the Family and Employment preference numerical limits for FY-2013 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2013 are as follows:
Worldwide Family-Sponsored preference limit: 226,000
Worldwide Employment-Based preference limit: 158,466
Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2013 the per-country limit is 26,913. The dependent area annual limit is 2%, or 7,689.
F. DIVERSITY VISA LOTTERY 2014 (DV-2014) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2014 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 140,660 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2014 numbers will be used during fiscal year 2014 (October 1, 2013 until September 30, 2014).
Applicants registered for the DV-2014 program were selected at random from 9,374,191 qualified entries (14,633,767 with derivatives) received during the
30-day application period that ran from noon, Eastern Daylight Time on Tuesday, October 2, 2012, until noon, Eastern Daylight Time on Saturday, November 3, 2012. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.
Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2014 will end. Selected applicants who do not receive visas by September 30, 2014 will derive no further benefit from their DV-2014 registration. Similarly, spouses and children accompanying or following to join DV-2014 principal applicants are only entitled to derivative diversity visa status until September 30, 2014.
Dates for the DV-2015 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2015 program should check the Department of State’s Visa web page for more details in September.
* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress
in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2014 program:
AFRICA
|
ALGERIA 2,583
|
GABON 72
|
SAO TOME AND PRINCIPE 0 |
|
ANGOLA 84
|
GAMBIA, THE 67
|
SENEGAL 824
|
|
BENIN 639
|
GHANA 3,945
|
SEYCHELLES 5
|
|
BOTSWANA 19
|
GUINEA 1,759
|
SIERRA LEONE 2,977
|
|
BURKINA FASO 267
|
GUINEA-BISSAU 14
|
SOMALIA 273
|
|
BURUNDI 138
|
KENYA 4,245
|
SOUTH AFRICA 1,038
|
|
CAMEROON 4,268
|
LESOTHO 6
|
SOUTH SUDAN 18
|
|
CAPE VERDE 33
|
LIBERIA 3,809
|
SUDAN 2,281
|
|
CENTRAL AFRICAN REPUBLIC 45
|
LIBYA 156
|
SWAZILAND 5
|
|
CHAD 49
|
MADAGASCAR 50
|
TANZANIA 209
|
|
COMOROS 5
|
MALAWI 52
|
TOGO 1,481
|
|
CONGO 236
|
MALI 176
|
TUNISIA 159
|
|
CONGO,DEMOCRATIC REPUBLIC OF THE 6,025
|
MAURITANIA 21
|
UGANDA 620
|
|
COTE D’IVOIRE 1,399
|
MAURITIUS 68
|
ZAMBIA 117
|
| DJIBOUTI 75 |
MOROCCO 2,428
|
ZIMBABWE 196
|
|
EGYPT 5,757
|
MOZAMBIQUE 21
|
|
|
EQUATORIAL GUINEA 4
|
NAMIBIA 12
|
|
|
ERITREA 837
|
NIGER 137
|
|
|
ETHIOPIA 5,718
|
NIGERIA 6,043
|
|
|
RWANDA 477
|
ASIA
| AFGHANISTAN 447 | ISRAEL 330 | OMAN 12 |
| BAHRAIN 27 | JAPAN 861 | QATAR 43 |
| BHUTAN 21 | JORDAN 581 | SAUDI ARABIA 467 |
| BRUNEI 3 | NORTH KOREA 3 | SINGAPORE 119 |
| BURMA 696 | KUWAIT 275 | SRI LANKA 1,616 |
| CAMBODIA 1,892 | LAOS 9 | SYRIA 493 |
| HONG KONG SPECIAL ADMIN. REGION 159 | LEBANON 396 | TAIWAN 723 |
| INDONESIA 379 | MALAYSIA 167 | THAILAND 131 |
| IRAN 6,027 | MALDIVES 4 | TIMOR-LESTE 0 |
| IRAQ 384 | MONGOLIA 224 | UNITED ARAB EMIRATES 167 |
| NEPAL 6,082 | YEMEN 532 |
EUROPE
| ALBANIA 3,289 | GEORGIA 806 | NORTHERN IRELAND 37 |
| ANDORRA 2 | GERMANY 1,696 | NORWAY 63 |
| ARMENIA 2,221 | GREECE 230 | POLAND 1,552 |
| AUSTRIA 150 | HUNGARY 363 | PORTUGAL 124 |
| AZERBAIJAN 494 | ICELAND 49 | Macau 12 |
| BELARUS 1,873 | IRELAND 175 | ROMANIA 1,245 |
| BELGIUM 120 | ITALY 787 | RUSSIA 4,544 |
| BOSNIA & HERZEGOVINA 153 | KAZAKHSTAN 784 | SAN MARINO 1 |
| BULGARIA 1,957 | KOSOVO 257 | SERBIA 582 |
| CROATIA 125 | KYRGYZSTAN 537 | SLOVAKIA 115 |
| CYPRUS 24 | LATVIA 147 | SLOVENIA 14 |
| CZECH REPUBLIC 133 | LIECHTENSTEIN 1 | SPAIN 485 |
| DENMARK 103 | LITHUANIA 385 | Western Sahara 1 |
| Greenland 1 | LUXEMBOURG 13 | SWEDEN 225 |
| ESTONIA 75 | MACEDONIA 421 | SWITZERLAND 224 |
| FINLAND 111 | MALTA 6 | TAJIKISTAN 531 |
| FRANCE 958 | MOLDOVA 2,903 | TURKEY 3,972 |
| French Polynesia 8 | MONACO 2 | TURKMENISTAN 216 |
| French Southern and | MONTENEGRO 20 | UKRAINE 6,009 |
| Antarctic Territories 4 | NETHERLANDS 225 | UZBEKISTAN 5,014 |
| New Caledonia 1 | Aruba 6 | VATICAN CITY 0 |
| Saint Martin 2 | Curacao 4 | |
| Sint Maarten 2 |
NORTH AMERICA
| BAHAMAS, THE 23 |
OCEANIA
| AUSTRALIA 2,104 | NAURU 12 | SOLOMON ISLANDS 3 |
| Cocos Islands 1 | NEW ZEALAND 674 | TONGA 105 |
| Norfolk Island 2 | Cook Islands 4 | TUVALU 1 |
| FIJI 1,174 | Niue 25 | VANUATU 17 |
| KIRIBATI 6 | Tokelau 3 | |
| MARSHALL ISLANDS 2 | PALAU 0 | |
| MICRONESIA, FEDERATED STATES OF 5 | PAPUA NEW GUINEA 34 | |
| SAMOA 43 |
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
| ANTIGUA AND BARBUDA 11 | GRENADA 31 | SAINT LUCIA 42 |
| ARGENTINA 218 | GUATEMALA 225 | SAINT VINCENT AND THE GRENADINES 13 |
| BARBADOS 34 | GUYANA 50 | SURINAME 27 |
| BELIZE 18 | HONDURAS 121 | TRINIDAD AND TOBAGO 246 |
| BOLIVIA 145 | NICARAGUA 78 | URUGUAY 41 |
| CHILE 50 | PANAMA 22 | VENEZUELA 1,905 |
| COSTA RICA 101 | PARAGUAY 27 | |
| CUBA 1,178 | SAINT KITTS AND NEVIS 15 | |
| DOMINICA 22 |
Natives of the following countries were not eligible to participate in DV-2014: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Rabinowitz & Rabinowitz, PC. is a business immigration firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration attorney, visit http://www.rabinowitzrabinowitz.com.
