Number 81
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. 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; 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 May 11th. 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. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.
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. 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 Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01SEP07 | 01SEP07 | 01SEP07 | 15NOV94 | 01MAR00 |
F2A | 01OCT13 | 01OCT13 | 01OCT13 | 08AUG13 | 01OCT13 |
F2B | 15SEP08 | 15SEP08 | 15SEP08 | 08APR95 | 01MAY04 |
F3 | 22FEB04 | 22FEB04 | 22FEB04 | 15APR94 | 15AUG93 |
F4 | 08SEP02 | 08SEP02 | 08SEP02 | 01MAR97 | 08NOV91 |
*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08AUG13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08AUG13 and earlier than 01OCT13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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 | 01JUN13 | 01OCT08 | C | C |
3rd | 15FEB15 | 01SEP11 | 22JAN04 | 15FEB15 | 01JAN05 |
Other Workers | 15FEB15 | 01JAN06 | 22JAN04 | 15FEB15 | 01JAN05 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | 01MAY13 | 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 the cut-off date information which can be heard at: (202) 485-7699. 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 JUNE
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-2015 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 June, immigrant numbers in the DV category are available to qualified DV-2015 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 | 34,150 | Except: Egypt: 24,675 Ethiopia: 30,000 |
ASIA | 5,950 | |
EUROPE | 34,125 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 1,175 | |
SOUTH AMERICA, and the CARIBBEAN |
1,075 |
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-2015 program ends as of September 30, 2015. DV visas may not be issued to DV-2015 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2015 principals are only entitled to derivative DV status until September 30, 2015. DV visa availability through the very end of
FY-2015 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 JULY
For July, immigrant numbers in the DV category are available to qualified DV-2015 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 | 36,500 | Except: Egypt: 27,100 |
ASIA | 6,850 | Except: Nepal: 6,475 |
EUROPE | 35,700 | |
NORTH AMERICA (BAHAMAS) | 7 | |
OCEANIA | 1,250 | |
SOUTH AMERICA, and the CARIBBEAN |
1,175 |
D. VISA RETROGRESSION OF MEXICO AND PHILIPPINES
CUT-OFF DATES
Mexico:
Family-sponsored Fourth preference: It has been necessary to slightly retrogress this cut-off date to March 1, 1997 in an attempt to hold number use within the annual limit.
Philippines:
Family-sponsored First preference: This cut-off date had been advanced very rapidly during the past year in an effort to generate sufficient demand to fully utilize all available numbers. The resulting increase in demand has required the retrogression of this cut-off date for the month of June, in an attempt to hold number use within the annual limit for this preference category.
Employment-based Third and Third Other Worker preference: Continued heavy applicant demand for numbers has required a second retrogression of these cut-off dates. Further corrective action cannot be ruled out.
Please Note: Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported documentarily qualified each month, compared with the amount of available numbers under the respective annual limits. For example, during the past month, over 20,000 applicants who have become documentarily qualified in the Family preference categories have priority dates earlier than the cut-off dates established for May. Demand for visa numbers can fluctuate from one month to another, with the inevitable impact on cut-off dates.
E. DIVERSITY VISA LOTTERY 2016 (DV-2016) RESULTS
The Kentucky Consular Center in Williamburg, Kentucky has registered and notified the winners of the DV-2016 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 91,563 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-2016 numbers will be used during fiscal year 2016 (October 1, 2015 until September 30, 2016).
Applicants registered for the DV-2016 program were selected at random from 11,391,134 qualified entries (17,573,350 with derivatives) received during the application period that ran from noon, Eastern Daylight Time on Wednesday, October 1, 2014 until noon, Eastern Daylight Time on Monday, November 3, 2014. 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 2016 will end. Selected applicants who do not receive visas by September 30, 2016 will derive no further benefit from their DV-2016 registration. Similarly, spouses and children accompanying or following to join DV-2016 principal applicants are only entitled to derivative diversity visa status until September 30, 2016.
Dates for the DV-2017 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2017 program should check the Department of State’s Visa web page in the coming months.
*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-2016 program:
AFRICA | ||
ALGERIA 1,952 | ETHIOPIA 4,000 | NIGER 102 |
ANGOLA 108 | GABON 32 | RWANDA 412 |
BENIN 914 | GAMBIA, THE 67 | SAO TOME AND PRINCIPE 2 |
BOTSWANA 4 | GHANA 3,179 | SENEGAL 427 |
BURKINA FASO 199 | GUINEA 1,818 | SEYCHELLES 0 |
BURUNDI 208 | GUINEA-BISSAU 4 | SIERRA LEONE 2,141 |
CABO VERDE 6 | KENYA 2,729 | SOMALIA 272 |
CAMEROON 3,047 | LESOTHO 5 | SOUTH AFRICA 535 |
CENTRAL AFRICAN REP. 23 | LIBERIA 4,430 | SOUTH SUDAN 17 |
CHAD 40 | LIBYA 240 | SUDAN 3,216 |
COMOROS 3 | MADAGASCAR 75 | SWAZILAND 7 |
CONGO 124 | MALAWI 17 | TANZANIA 93 |
CONGO, DEMOCRATIC REPUBLIC OF THE 4,475 | MALI 114 | TOGO 1,241 |
COTE D’IVOIRE 1,129 | MAURITANIA 15 | TUNISIA 227 |
DJIBOUTI 92 | MAURITIUS 41 | UGANDA 453 |
EGYPT 4,024 | MOROCCO 1,993 | ZAMBIA 57 |
EQUATORIAL GUINEA 0 | MOZAMBIQUE 11 | ZIMBABWE 152 |
ERITREA 544 | NAMIBIA 18 | |
ASIA | ||
AFGHANISTAN 406 | JAPAN 302 | QATAR 42 |
BAHRAIN 13 | JORDAN 349 | SAUDI ARABIA 267 |
BHUTAN 22 | NORTH KOREA 0 | SINGAPORE 39 |
BRUNEI 1 | KUWAIT 143 | SRI LANKA 704 |
BURMA 236 | LAOS 1 | SYRIA 460 |
CAMBODIA 1,229 | LEBANON 225 | TAIWAN 297 |
HONG KONG SPECIAL ADMIN. REGION 151 |
MALAYSIA 95 | THAILAND 73 |
INDONESIA 126 | MALDIVES 3 | TIMOR-LESTE 0 |
IRAN 4,501 | MONGOLIA 185 | UNITED ARAB EMIRATES 103 |
IRAQ 330 | NEPAL 3,801 | YEMEN 724 |
ISRAEL 162 | OMAN 12 | |
EUROPE | ||
ALBANIA 1,931 | GREECE 93 | NORWAY 35 |
ANDORRA 0 | HUNGARY 186 | POLAND 629 |
ARMENIA 1,277 | ICELAND 3 | PORTUGAL 58 |
AUSTRIA 50 | IRELAND 89 | Macau 23 |
AZERBAIJAN 380 | ITALY 410 | ROMANIA 626 |
BELARUS 811 | KAZAKHSTAN 376 | RUSSIA 2,200 |
BELGIUM 47 | KOSOVO 244 | SAN MARINO 0 |
BOSNIA & HERZEGOVINA 92 | KYRGYZSTAN 209 | SERBIA 283 |
BULGARIA 865 | LATVIA 73 | SLOVAKIA 70 |
CROATIA 67 | LIECHTENSTEIN 0 | SLOVENIA 33 |
CYPRUS 28 | LITHUANIA 153 | SPAIN 193 |
CZECH REPUBLIC 74 | LUXEMBOURG 0 | SWEDEN 108 |
DENMARK 35 | MACEDONIA 258 | SWITZERLAND 122 |
ESTONIA 40 | MALTA 0 | TAJIKISTAN 337 |
FINLAND 57 | MOLDOVA 1,854 | TURKEY 1,795 |
FRANCE 510 | MONACO 0 | TURKMENISTAN 124 |
French Polynesia 1 | MONTENEGRO 8 | UKRAINE 4,507 |
Saint Martin 1 | NETHERLANDS 81 | UZBEKISTAN 4,300 |
Wallis and Futuna 1 | Aruba 4 | VATICAN CITY 0 |
GEORGIA 571 | Curacao 2 | |
GERMANY 678 | NORTHERN IRELAND 9 | |
NORTH AMERICA | ||
BAHAMAS, THE 16 | ||
OCEANIA | ||
AUSTRALIA 832 | NAURU 12 | SAMOA 5 |
Cocos Islands 1 | NEW ZEALAND 208 | SOLOMON ISLANDS 0 |
FIJI 393 | Cook Islands 4 | TONGA 26 |
KIRIBATI 4 | PALAU 4 | TUVALU 0 |
MARSHALL ISLANDS 0 | PAPUA NEW GUINEA 3 | VANUATU 5 |
MICRONESIA, FEDERATED STATES OF 3 | ||
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN | ||
ANTIGUA AND BARBUDA 0 | DOMINICA 6 | SAINT KITTS AND NEVIS 2 |
ARGENTINA 68 | GRENADA 7 | SAINT LUCIA 5 |
BARBADOS 0 | GUATEMALA 31 | SAINT VINCENT AND THE GRENADINES 7 |
BELIZE 0 | GUYANA 14 | SURINAME 3 |
BOLIVIA 49 | HONDURAS 73 | TRINIDAD AND TOBAGO 51 |
CHILE 17 | NICARAGUA 58 | URUGUAY 21 |
COSTA RICA 50 | PANAMA 5 | VENEZUELA 1,038 |
CUBA 1,488 | PARAGUAY 7 |
Natives of the following countries were not eligible to participate in DV-2016: 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, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Number 69
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. 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; 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 May 7th. 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. 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. 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 Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 22MAR07 | 22MAR07 | 22MAR07 | 15DEC93 | 01JUN02 |
F2A | 01MAY12 | 01MAY12 | 01MAY12 | 15MAR11 | 01MAY12 |
F2B | 01APR07 | 01APR07 | 01APR07 | 01AUG93 | 15JUL03 |
F3 | 01OCT03 | 01OCT03 | 01OCT03 | 22JUL93 | 08MAR93 |
F4 | 15DEC01 | 15DEC01 | 15DEC01 | 08DEC96 | 15NOV90 |
*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15MAR11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15MAR11 and earlier than 01MAY12. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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 | 22MAY09 | 15NOV04 | C | C |
3rd | 01APR11 | 01OCT06 | 15OCT03 | 01APR11 | 01JAN08 |
Other Workers | 01APR11 | 01JAN03 | 15OCT03 | 01APR11 | 01JAN08 |
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) 485-7699. 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 JUNE
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-2014 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 June, 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 | 45,600 | Except: Egypt: 28,200 Nigeria: 15,300 |
ASIA | 7,425 | |
EUROPE | 32,950 | Except: Uzbekistan 17,500 |
NORTH AMERICA (BAHAMAS) | 18 | |
OCEANIA | 1,185 | |
SOUTH AMERICA, and the CARIBBEAN |
1,425 |
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-2014 program ends as of September 30, 2014. DV visas may not be issued to DV-2014 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2014 principals are only entitled to derivative DV status until September 30, 2014. DV visa availability through the very end of
FY-2014 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 JULY
For July, 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 | 56,300 | Except: Egypt: 30,900 Nigeria: 17,400 |
ASIA | 8,900 | |
EUROPE | 36,300 | |
NORTH AMERICA (BAHAMAS) | CURRENT | |
OCEANIA | 1,300 | |
SOUTH AMERICA, and the CARIBBEAN |
1,550 |
D. RETROGRESSION OF JUNE CUT-OFF DATES
WORLDWIDE F2A:
The cut-off date for the Family F2A category was advanced at a very rapid pace during fiscal year 2013 in an effort to generate demand to use all numbers available under the annual limit. Those movements have resulted in a dramatic increase in the level of applicant demand being received during the past seven months. This has required the retrogression of the Family F2A cut-off date for June in an effort to hold number use within the annual numerical limit. Further retrogression cannot be ruled out should demand by applicants with very early priority dates continue to increase.
MEXICO F2A:
Despite a previous retrogression, the level of demand has remained excessive, resulting in a further retrogression of this cut-off date to hold number use within the annual limit.
Employment Third, and Third Other Workers:
The unexpected and dramatic increase in demand being received from U.S. Citizenship and Immigration Service Offices during the past several months has resulted in number use approaching the annual limit for this category. As a result, it has been necessary to retrogress the Worldwide, China, and Mexico cut-off dates for the month of June.
Notices were included in several Visa Bulletins during the past year alerting readers to the possibility of such retrogressions. While corrective action in some categories has become necessary earlier than was anticipated based on the information available earlier, it is hoped that readers are not caught off guard by these retrogressions.
F. DIVERSITY VISA LOTTERY 2015 (DV-2015) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2015 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 125,514 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-2015 numbers will be used during fiscal year 2015 (October 1, 2014 until September 30, 2015).
Applicants registered for the DV-2015 program were selected at random from 9,388,986 qualified entries (14,397,781 with derivatives) received during the 30-day application period that ran from noon, Eastern Daylight Time on Tuesday, October 1, 2013, until noon, Eastern Daylight Time on Saturday, November 2, 2013. 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 2015 will end. Selected applicants who do not receive visas by September 30, 2015 will derive no further benefit from their DV-2015 registration. Similarly, spouses and children accompanying or following to join DV-2015 principal applicants are only entitled to derivative diversity visa status until September 30, 2015.
Dates for the DV-2016 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2016 program should check the Department of State’s Visa web page in the coming months.
*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-2015 program:
AFRICA | ||
ALGERIA 3,076 | ETHIOPIA 4,988 | NIGER 334 |
ANGOLA 173 | GABON 81 | RWANDA 690 |
BENIN 1,758 | GAMBIA, THE 110 | SAO TOME AND PRINCIPE 0 |
BOTSWANA 12 | GHANA 3,381 | SENEGAL 620 |
BURKINA FASO 390 | GUINEA 2,314 | SEYCHELLES 9 |
BURUNDI 188 | GUINEA-BISSAU 7 | SIERRA LEONE 2,182 |
CABO VERDE 20 | KENYA 3,534 | SOMALIA 275 |
CAMEROON 5,000 | LESOTHO 3 | SOUTH AFRICA 924 |
CENTRAL AFRICAN REP. 33 | LIBERIA 5,000 | SOUTH SUDAN 21 |
CHAD 99 | LIBYA 263 | SUDAN 3,484 |
COMOROS 6 | MADAGASCAR 62 | SWAZILAND 5 |
CONGO 243 | MALAWI 27 | TANZANIA 231 |
CONGO, DEMOCRATIC REPUBLIC OF THE 4,943 | MALI 123 | TOGO 1,824 |
COTE D’IVOIRE 1,487 | MAURITANIA 29 | TUNISIA 221 |
DJIBOUTI 77 | MAURITIUS 55 | UGANDA 642 |
EGYPT 4,988 | MOROCCO 2,844 | ZAMBIA 116 |
EQUATORIAL GUINEA 14 | MOZAMBIQUE 11 | ZIMBABWE 249 |
ERITREA 815 | NAMIBIA 19 | |
ASIA | ||
AFGHANISTAN 305 | JAPAN 636 | QATAR 51 |
BAHRAIN 12 | JORDAN 374 | SAUDI ARABIA 517 |
BHUTAN 45 | NORTH KOREA 0 | SINGAPORE 47 |
BRUNEI 0 | KUWAIT 241 | SRI LANKA 1,303 |
BURMA 453 | LAOS 1 | SYRIA 598 |
CAMBODIA 2,079 | LEBANON 408 | TAIWAN 498 |
HONG KONG SPECIAL ADMIN. REGION 160 |
MALAYSIA 129 | THAILAND 81 |
INDONESIA 288 | MALDIVES 2 | TIMOR-LESTE 0 |
IRAN 4,992 | MONGOLIA 186 | UNITED ARAB EMIRATES 195 |
IRAQ 289 | NEPAL 4,991 | YEMEN 875 |
ISRAEL 231 | OMAN 15 | |
EUROPE | ||
ALBANIA 2,946 | GREECE 147 | NORTHERN IRELAND 41 |
ANDORRA 2 | HUNGARY 329 | NORWAY 49 |
ARMENIA 2,049 | ICELAND 42 | POLAND 961 |
AUSTRIA 134 | IRELAND 157 | PORTUGAL 82 |
AZERBAIJAN 454 | ITALY 779 | Macau 29 |
BELARUS 1,466 | KAZAKHSTAN 772 | ROMANIA 1,068 |
BELGIUM 107 | KOSOVO 227 | RUSSIA 4,103 |
BOSNIA & HERZEGOVINA 171 | KYRGYZSTAN 403 | SAN MARINO 0 |
BULGARIA 1,418 | LATVIA 92 | SERBIA 399 |
CROATIA 87 | LIECHTENSTEIN 3 | SLOVAKIA 110 |
CYPRUS 32 | LITHUANIA 287 | SLOVENIA 11 |
CZECH REPUBLIC 125 | LUXEMBOURG 0 | SPAIN 393 |
DENMARK 65 | MACEDONIA 436 | SWEDEN 217 |
ESTONIA 71 | MALTA 16 | SWITZERLAND 194 |
FINLAND 88 | MOLDOVA 2,809 | TAJIKISTAN 528 |
FRANCE 816 | MONACO 1 | TURKEY 3,688 |
French Polynesia 11 | MONTENEGRO 16 | TURKMENISTAN 191 |
Saint Martin 1 | NETHERLANDS 151 | UKRAINE 4,679 |
St. Pierre & Miquelon 2 | Aruba 5 | UZBEKISTAN 4,368 |
GEORGIA 804 | Curacao 13 | VATICAN CITY 0 |
GERMANY 1,354 | Sint Maarten 1 | |
NORTH AMERICA | ||
BAHAMAS, THE 14 | ||
OCEANIA | ||
AUSTRALIA 1,798 | MICRONESIA, FEDERATED STATES OF 6 | SAMOA 32 |
Christmas Island 1 | NAURU 19 | SOLOMON ISLANDS 3 |
Cocos Islands 1 | NEW ZEALAND 589 | TONGA 123 |
Norfolk Island 12 | Cook Islands 14 | TUVALU 1 |
FIJI 857 | Niue 3 | VANUATU 7 |
KIRIBATI 6 | PALAU 6 | |
MARSHALL ISLANDS 1 | PAPUA NEW GUINEA 20 | |
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN | ||
ANTIGUA AND BARBUDA 6 | DOMINICA 5 | SAINT KITTS AND NEVIS 7 |
ARGENTINA 109 | GRENADA 8 | SAINT LUCIA 18 |
BARBADOS 15 | GUATEMALA 86 | SAINT VINCENT AND THE GRENADINES 7 |
BELIZE 3 | GUYANA 53 | SURINAME 11 |
BOLIVIA 69 | HONDURAS 165 | TRINIDAD AND TOBAGO 193 |
CHILE 37 | NICARAGUA 54 | URUGUAY 20 |
COSTA RICA 72 | PANAMA 19 | VENEZUELA 1,556 |
CUBA 1,480 | PARAGUAY 6 |
Natives of the following countries were not eligible to participate in DV-2015: 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, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For June 2014 first appeared on SEONewsWire.net.]]>But in recent years, the Lone Star State’s political epicenter has come of age economically and culturally. Immigration has been a prime engine behind the growing cosmopolitan character of the state capital.
While higher percentages of foreign-born residents still fill the populations of Houston and Dallas (composing 28 percent and 25 percent, respectively), foreign-born Austin residents now make up 20 percent of their city’s community.
Austin’s figure is greater than either Fort Worth (17 percent) or San Antonio (14 percent) can claim. Austin even beats the statewide percentage of foreign-born residents (16 percent) and the national figure (13 percent).
The breakdown of the foreign-born population is rich, too. 66 percent of the group is from Latin America, 24 percent from Asia and 6 percent from Europe.
Immigrants from Asia belong to Austin’s fastest-growing demographic group, boasting a 60 percent growth rate in the last 10 years — three times the rate of overall growth in the city. The dynamic high-tech sector attracts a large number of these Asian immigrants, many of whom seek an education or who already have the skills and education in great demand in the technology industry.
But the healthy economy has not been limited to Austin, nor has its benefits been enjoyed by immigrants only. Indeed, a low-tax, low-regulation environment throughout Texas has spurred growth across the state. That fact, in itself, has been the prime reason why immigrants — both native- and foreign-born — have been drawn to the Lone Star State.
While it may be counterintuitive to think that high immigration would be compatible with low unemployment, the unemployment rate in Texas stands at 6.2 percent — lower than the national rate of 7 percent — even as the percentage of foreign-born residents in the state has risen from 15.7 percent in 2006 to 16.4 percent today.
And when the foreign-born get to Texas (or elsewhere) and settle in, they spend money. It has been estimated that U.S. immigrants from Asia and Latin America possess approximately $2 trillion in purchasing power, which translate into homes, cars and other big-ticket items that help to stimulate the economy and create jobs.
In Austin, much of the rationale for spending among immigrants in the local economy is linked to either the tech industry or to higher education.
“We’ve long had an international community, and it’s very much been tied to the University of Texas,” said Ryan Robinson, an Austin demographer. “That’s huge.”
A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.
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Immigrants have become increasingly visible in the fabric of Texas society, with U.S. Census Bureau figures pegging the state as experiencing the second biggest jump—
44.9 percent—of foreign-born residents from 2000 to 2011 within the 50 states and the District of Columbia. Not surprisingly, immigrants from Latin America constituted 74.2 percent of foreign-born residents in Texas in 2011, with 59.6 percent from the leading source, Mexico, and 4.3 percent from El Salvador, the second leading country of origin of the foreign-born in Texas.
Asia ranks second as a continental source of foreign-born residents in Texas, accounting for 18.5 percent of all immigrants. India is the largest single point of origin, and a growing one at that, for these immigrants. Indeed, the surge in immigration from this subcontinent to Texas between 2000 and 2011 has set India ahead of erstwhile second-ranking Vietnam. India advanced ahead of Vietnam to assume the third rank among countries of origin in 2011—from 2.9 percent to 3.9 percent—after Mexico and El Salvador.
On a national level, the most recent figures on the foreign-born population from India are only available from Census 2000, but even those numbers place Texas high on the list of destinations for immigrants from India. While California, New Jersey, New York and Illinois were the four states with the largest foreign-born populations from India in 2000, Texas ranked fifth, with 78,388 immigrants from the subcontinent (or 7.7 percent of all Indian-born immigrants in the United States).
A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.
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Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
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; 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 December 11th. 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. 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. 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 | 08DEC06 | 08DEC06 | 08DEC06 | 22SEP93 | 01JUL01 |
F2A |
08SEP13
|
08SEP13
|
08SEP13
|
01SEP13
|
08SEP13
|
F2B | 01JUN06 | 01JUN06 | 01JUN06 | 01APR94 | 01MAY03 |
F3 | 15APR03 | 15APR03 | 15APR03 | 01JUN93 | 01FEB93 |
F4 | 01OCT01 | 01OCT01 | 01OCT01 | 01NOV96 | 01JUL90 |
*NOTE: For January, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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
|
08DEC08 | 15NOV04 |
C
|
C
|
3rd |
01APR12
|
01APR12
|
01SEP03
|
01APR12
|
15FEB07
|
Other Workers |
01APR12
|
01APR12
|
01SEP03
|
01APR12
|
15FEB07
|
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) 485-7699. 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 JANUARY
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-2014 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 January, 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 | 19,400 | Except: Egypt 11,700 Ethiopia 13,000 Nigeria 8,000 |
ASIA | 3,000 | |
EUROPE | 13,200 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 550 | |
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-2014 program ends as of September 30, 2014. DV visas may not be issued to DV-2014 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2014 principals are only entitled to derivative DV status until September 30, 2014. DV visa availability through the very end of FY-2014 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 FEBRUARY
For February, 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 |
21,750
|
Except: Egypt 15,850 Ethiopia 19,000 Nigeria 8,700 |
ASIA |
3,700
|
|
EUROPE |
16,700
|
Except: Uzbekistan 13,900 |
NORTH AMERICA (BAHAMAS) |
7
|
|
OCEANIA |
650 |
|
SOUTH AMERICA, and the CARIBBEAN |
850
|
Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For January 2014 first appeared on SEONewsWire.net.]]>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; 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 October 9th. 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. 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. 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 | 22OCT06 | 22OCT06 | 22OCT06 | 22SEP93 | 01JUL01 |
F2A |
08SEP13
|
08SEP13
|
08SEP13
|
01SEP13
|
08SEP13
|
F2B | 22MAR06 | 22MAR06 | 22MAR06 | 01APR94 | 01MAR03 |
F3 | 08FEB03 | 08FEB03 | 08FEB03 | 01JUN93 | 08JAN93 |
F4 | 22AUG01 | 22AUG01 | 22AUG01 | 22OCT96 | 22APR90 |
*NOTE: For November, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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
|
08OCT08 | 15JUN08 |
C
|
C
|
3rd |
01OCT10
|
01OCT10
|
22SEP03
|
01OCT10
|
15DEC06
|
Other Workers |
01OCT10
|
01OCT10
|
22SEP03
|
01OCT10
|
15DEC06
|
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) 485-7699. 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 NOVEMBER
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-2014 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 November, 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 | 13,000 | Except: Egypt 7,300 Ethiopia 7,300 Nigeria 7,500 |
ASIA | 2,500 | |
EUROPE | 9,800 | |
NORTH AMERICA (BAHAMAS) | 4 | |
OCEANIA | 375 | |
SOUTH AMERICA, and the CARIBBEAN | 600 |
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-2014 program ends as of September 30, 2014. DV visas may not be issued to DV-2014 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2014 principals are only entitled to derivative DV status until September 30, 2014. DV visa availability through the very end of FY-2014 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 DECEMBER
For December, 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 |
17,900
|
Except: Egypt 9,050 Ethiopia 11,000 Nigeria 8,000 |
ASIA |
2,650
|
|
EUROPE |
12,500
|
|
NORTH AMERICA (BAHAMAS) |
4
|
|
OCEANIA |
450 |
|
SOUTH AMERICA, and the CARIBBEAN |
675
|
D. VISA AVAILABILITY
It is important to remember that the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity) applies to those applicants who were reported prior to the allocation of visa numbers for that month. For example, all qualified applicants who were reported to the Visa Office in time to be included in the calculation of the September cut-offs, who had a priority date or rank-order number before the relevant September cut-off, would have been allotted visa numbers for September. There would be no expectation, however, that sufficient numbers would be available for the processing of cases which subsequently became eligible for final action during that month. Additional numbers may be allocated outside the regular monthly cycle, but only to the extent that such numbers remain available under the applicable annual limit. The availability of additional numbers is subject to change at any time and should never be taken for granted. This is especially true late in the fiscal year when numerical allocations are often close to or at the annual limits.
When applicants fail to appear or overcome a refusal (even for reasons beyond their control) during the original month of scheduled interview, they risk not having their case processed later in the fiscal year. This is because the unused numbers that had originally been allocated for their case are returned at the end of their interview month to the “pool” of numbers available for allocation in subsequent months to other applicants being reported for their “first time” interview.
EMPLOYMENT-based Third Preference:
China: Rapid forward movement of the cut-off date, as a result of there being insufficient demand to use all available numbers, allowed the category to reach the Worldwide Third preference cut-off date in May 2013. The continued lack of demand has allowed the “otherwise unused” numbers available under that limit to be provided for use in the China Employment Third preference Other Workers category. The continued addition of those numbers has allowed the cut-off date for that category to reach the China Third preference date for November. This is the same action which has been possible for the Other Worker category in other “oversubscribed” countries such as India and Mexico. A sudden increase in demand for China Employment Third preference visas could require corrective action in the China Other Worker cut-off date at any time.
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For November 2013 first appeared on SEONewsWire.net.]]> Volume IX
Washington, D.C.
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; 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 September 9th. 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. 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. 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 | 01OCT06 | 01OCT06 | 01OCT06 | 22SEP93 | 01JUN01 |
F2A | 08SEP13 | 08SEP13 | 08SEP13 | 01SEP13 | 08SEP13 |
F2B | 01MAR06 | 01MAR06 | 01MAR06 | 08MAR94 | 08FEB03 |
F3 | 22JAN03 | 22JAN03 | 22JAN03 | 22MAY93 | 01JAN93 |
F4 | 08AUG01 | 08AUG01 | 08AUG01 | 15OCT96 | 22MAR90 |
*NOTE: For October, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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
|
15SEP08 | 15JUN08 |
C
|
C
|
3rd | 01JUL10 | 01JUL10 | 22SEP03 | 01JUL10 | 15DEC06 |
Other Workers | 01JUL10 | 22SEP04 | 22SEP03 | 01JUL10 | 15DEC06 |
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) 485-7699. 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 OCTOBER
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-2014 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 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 |
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-2014 program ends as of September 30, 2014. DV visas may not be issued to DV-2014 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2014 principals are only entitled to derivative DV status until September 30, 2014. DV visa availability through the very end of FY-2014 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 NOVEMBER
For November, 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 |
13,000
|
Except: Egypt 7,300 Ethiopia 7,300 Nigeria 7,500 |
ASIA |
2,500
|
|
EUROPE |
9,800
|
|
NORTH AMERICA (BAHAMAS) |
4
|
|
OCEANIA |
375 |
|
SOUTH AMERICA, and the CARIBBEAN |
600
|
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin for October 2013 first appeared on SEONewsWire.net.]]>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; 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 June 7th. 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. 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. 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 | 01JUN06 | 01JUN06 | 01JUN06 | 22AUG93 | 01JUL00 |
F2A | 08OCT11 | 08OCT11 | 08OCT11 | 01SEP11 | 08OCT11 |
F2B | 01NOV05 | 01NOV05 | 01NOV05 | 01NOV93 | 22DEC02 |
F3 | 01OCT02 | 01OCT02 | 01OCT02 | 22APR93 | 22NOV92 |
F4 | 22MAY01 | 22MAY01 | 22MAY01 | 22SEP96 | 15DEC89 |
*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP11 and earlier than 08OCT11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
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 | 01SEP04 | C | C |
3rd | 01JAN09 | 01JAN09 | 22JAN03 | 01JAN09 | 01OCT06 |
Other Workers | 01JAN09 | 22MAR04 | 22JAN03 | 01JAN09 | 01OCT06 |
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 JULY
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 July, 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 | 66,700 | Except: Egypt 50,000 Ethiopia 50,000 Nigeria 17,775 |
ASIA | 9,850 | |
EUROPE | 33,000 | Except: Uzbekistan 16,850 |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 1,450 | |
SOUTH AMERICA, and the CARIBBEAN | 1,500 |
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-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 AUGUST
For August, 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 | 81,200 | Except Nigeria 19,800 |
ASIA | CURRENT | |
EUROPE | CURRENT | Except: Uzbekistan 19,000 |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 1,600 | |
SOUTH AMERICA, and the CARIBBEAN | CURRENT |
D. VISA AVAILABILITY IN THE COMING MONTHS (August – October)
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Up to five weeks
F2A: Could become “Current” at some point during the coming months.
F2B: Four to seven weeks
F3: Three to five weeks
F4: Three to five weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China: Up to two months
India: | At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category. A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014. |
Employment Third:
Worldwide: | No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained. |
China: No additional movement
India: Up to three weeks
Mexico: No additional movement
Philippines: Up to two weeks
Employment Fourth: Current
Employment Fifth: Current
The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables. Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For July 2013 first appeared on SEONewsWire.net.]]>