The chances of getting into the lottery in 2016 is a little more than one in three. As our country grows, its needs grow resulting in more and more petitions and less chances for petitions to be selected. If an attorney prepares the H-1B file, the employer loses the attorney’s fees if they do not get into the lottery. Thus big companies like Google, Facebook, Microsoft and other Silicon Valley Billion dollar company can afford to lose money and file thousands of petitions every year. Google for instance filed 9280 petitions last year. That’s like buying 9280 lottery tickets rather than one that the small employer can afford. And although the lottery probably is random, the probability for winning it is higher if you buy more lottery tickets. And yes, we business Immigration attorneys earn a lot of money during that process as well.
The Citizenship and Immigration Service always maintained that the lottery process was fair. However, two companies in Portland Oregon—-Tenrec Inc. and Walker Macy LLC has filed a lawsuit against the Citizenship and Immigration Service to make the lottery process more transparent. A federal judge has ruled that the plaintiffs have standing to sue. What the plaintiffs’ are asking for though, is to not close the accepting of Petitions for the first 5 business days in April, but prolong it year long. That might actually be worse in creating log jams and increasing processing times for H-1B petitions. And American Immigration Lawyer’s Association has also filed a FOIA suit to make the lottery process more transparent.
Although greater transparency is desired from any Governmental organization, mere transparency will not solve the H-1B problem. The market place works on a supply and demand theory. The artificial quota system demands that employers project their need in the beginning of the year, think about the lottery and apply as many petitions as possible. Similarly highly educated tech employees in India and elsewhere seek out employers and in many cases pay them to file their cases. But doing away with the quota requires a Congressional Act, and as we all know, Congress does not act.
For more information call Banerjee& Associates.
The post H-1B lottery first appeared on SEONewsWire.net.]]>The EB-5 Regional Center program will expire on September 30, 2016 unless Congress reauthorizes it, and many in Congress are concerned about fraud after the Vermont Jay Peak indictments, the largest of many which have occurred, and also about ways to measure the economic benefits of the program. EB-5 interest groups have begun pressure on Congress to extend the Regional Center provisions accepting many proposed integrity changes and even a likely increase in the investment amount perhaps to $1,200,000 or $800,000 if in a high unemployment or rural area. The EB-5 program has never had an increase in the investment threshold since the program came into existence in 1990. Efforts to extend the EB-5 Regional Center program failed last December, 2015, and Congress extended the program unchanged until this coming September.
In its July, 2016 EB-5 processing time information, USCIS reports a 16+ month adjudication time for EB-5 petitioners seeking conditional permanent resident status, and an additional 20+ months for those investors with conditional residence who file to remove conditions of their residence, which is another petition filed with USCIS about 2 years later. While these processing delays are long, they have not affected investors’ interest and participation in the EB-5 program arising out of the processing wait period.
For citizens of China, though, it is not just processing time that delays gaining lawful permanent resident status, it is having a visa number available. Unlike foreign nationals from every other country who use the EB-5 program and who have a visa number immediately available, a factor unrelated to USCIS petitioning processing time, investors from China who filed their EB-5 petitions for conditional lawful permanent resident status in February, 2014 have a visa available in August, 2016. Those Chinese investors who have filed there EB-5 petitions after February, 2014 must wait for a visa number to become available before the investor and his or her family can immigrate to the U.S. Current information is that USCIS has about 40,000 EB-5 cases filed by Chinese EB-5 investors which are awaiting to be decided, and 20,000 additional Chinese investor EB-5 cases which USCIS has approved but are awaiting visa availability. Visa availability is an issue because there is an annual quota of just 10,000 EB-5 visas available for investors world-wide, not just from China. The likelihood is that the wait for all pending and approved EB-5 Chinese investor cases will be years before all such EB-5 Chinese investor cases will have a visa number available. This multi-year visa wait will likely decrease EB-5 demand from China, prompting EB-5 Regional Centers to seek out investors other countries, especially from India and Vietnam, to benefit from the program.
Stay tuned to EB-5 Regional Center developments as they unfold.
The post EB-5 Woes first appeared on SEONewsWire.net.]]>In brief, here is what he said:
India: EB-2s from India have advanced significantly in the last few months arising out of lower than anticipated demand. DOS is taking steps to ensure that cases can be concluded and visas issued within the fiscal year by aggressively moving visa numbers in these categories. It is unclear if lower demand arose from fewer India EB-3 to EB-2 conversions than previously were expected, or whether prior months’ visa movement met the India EB-2 visa demand, or whether USCIS reduced its EB-2 backlog from India so that demand appears to be lower.
China: China EB-2s are expected to trail EB-3s, although DOS expects the China EB-2 demand will diminish from high usage levels seen in October, 2015. EB-2 demand has decreased ever since. China EB-3 demand has remained low and EB-3 visa numbers are expected to move forward because first quarter FY 2016 visa usage targets were not reached. Continued EB-3 movement could result in EB-2 to EB-3 conversions. China EB-2 and EB-3 may re-balance as a result. Both China EB-2 and EB-3 are expected to move forward in March, 2016.
The post Visa Bulletin Trends Regarding EB Visas for India and China first appeared on SEONewsWire.net.]]>As background, foreign students are admitted to the United States as nonimmigrants for the purpose of pursuing their studies at United States educational institutions. Students pursuing higher education are admitted in F-1 status and students pursuing vocational studies are admitted in M-1 status.
The Department of State has an Exchange Visitor program, which is multi-faceted and provides opportunities for nonimmigrant foreign nationals in diverse areas through programs for university students, professors and researchers, physicians, short term scholars, teachers and many others. Exchange visitor program participants are admitted to the United States in J-1 status.
The Student and Exchange Visitor Information System (SEVIS) maintains information about all F-1, M-1 and J-1 nonimmigrants in the United States and the report draws its data from SEVIS.
The following are highlights of the report:
On September 9, 2015, DOS issued its Visa Bulletin for October, 2015, containing a new feature called Date of Filing. The Date of Filing sets out when an applicant in the United States may file for adjustment of status in the family and employment based categories. This addition represents an major benefit for those immigrants whose categories are severely backlogged. Immigrants and their immediate family members with a current Date of Filing can file for adjustment of status, and can seek employment authorization and travel permission as ancillary benefits sooner than their Priority Date now renamed Final Action Date. The inclusion of a Date of Filing in the Visa Bulletin has generated much excitement especially in immigrants whose categories have long wait times.
But the September, 25, 2015 revisions to the October, 2015 Visa Bulletin made the following specific Date of Filing changes: EB-2s for China retrogressed from May 1, 2014 to January 1, 2013, EB-2s for India retrogressed from July 1, 2011 to July 1, 2009, and EB-3s for the Philippines retrogressed from January 1, 2015 to January 1, 2010. F1s for Mexico retrogressed from July 1, 1995 to April 1, 1995, and F3s for Mexico retrogressed from October 1, 1996 to May 1, 1995. The retrogressions have disappointed many immigrants.
The revision resulted after further discussions between DOS and the Department of Homeland Security. According to DOS, “…the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process…”
DHS has advised that it will rely on the revised October, 2015 Visa Bulletin in determining when an applicant becomes eligible to file for adjustment.
The post October, 2015 Visa Bulletin Revised: Some Filing Dates Retrogress first appeared on SEONewsWire.net.]]>For October, 2015, the Filing Date in family sponsored preference categories is approximately 1 year sooner that the Final Action Date. The exception is the Philippines, which permits filings 4 years sooner than the Final Action Date.
In the employment based preference categories, EB2s for China have a Filing Date that is 2+ years sooner than the Final Action Date. The biggest difference between Filing Date and Final Action Date is for EB3 Other Workers from the Philippines, and then EB2s for India. The former category has a Filing Date that is 8 years sooner than the Final Action Date. The latter has a Filing Date 6+ years sooner than the Final Action Date. Significantly, EB5s for China has a Filing Date of 1.5+ years sooner than the Final Action Date. Highlights of other categories follow:
Category Country Filing Date Final Action Date
EB3 China 10/01/2013 10/15/2011
EB3 India 07/01/2015 03/08/2004
EB3 Mexico 09/01/2015 08/15/2015
EB3 Other Worker China 01/01/2007 01/01/2006
EB3 Other Worker India 07/01/2005 03/08/2004
EB3 Other Worker Mexico 09/01/2015 08/15/2015
EB3 Other Worker Philippines 01/01/2015 01/01/2007
EB5 China 05/01/2015 10/08/2013
Please see http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html for the complete October, 2015 Visa Bulletin.
The post Highlights of the October, 2015 Visa Bulletin first appeared on SEONewsWire.net.]]>Number 83
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during August. 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 July 10th. 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 | 01NOV07 | 01NOV07 | 01NOV07 | 15NOV94 | 15MAR00 |
F2A | 15DEC13 | 15DEC13 | 15DEC13 | 01NOV13 | 15DEC13 |
F2B | 15NOV08 | 15NOV08 | 15NOV08 | 08APR95 | 22MAY04 |
F3 | 08APR04 | 08APR04 | 08APR04 | 22APR94 | 22AUG93 |
F4 | 01DEC02 | 01DEC02 | 01DEC02 | 01MAR97 | 15JAN92 |
*NOTE: For August, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01NOV13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01NOV13 and earlier than 15DEC13. (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 | 15DEC13 | 01OCT08 | C | C |
3rd | 15JUL15 | 01JUN04 | 01JUN04 | 15JUL15 | 01JUN04 |
Other Workers | 15JUL15 | 01JAN04 | 01JUN04 | 15JUL15 | 01JUN04 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | 01SEP13 | 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 AUGUST
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 August, 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 | 44,250 | Except: Egypt: 28,700 |
ASIA | 7,650 | Except: Nepal: 7,150 |
EUROPE | 39,750 | |
NORTH AMERICA (BAHAMAS) | 8 | |
OCEANIA | 1,325 | |
SOUTH AMERICA, and the CARIBBEAN |
1,350 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-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 SEPTEMBER
For September, 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 | 50,000 | |
ASIA | 7,650 | Except: Nepal: 7,150 |
EUROPE | 43,050 | |
NORTH AMERICA (BAHAMAS) | 8 | |
OCEANIA | 1,490 | |
SOUTH AMERICA, and the CARIBBEAN |
1,350 |
D. CHINA-MAINLAND BORN EMPLOYMENT THIRD, AND THIRD
OTHER WORKER VISA AVAILABILITY
There was an extremely large increase in applicant demand reported for consideration in the determination of the August cut-off dates. Therefore, it has been necessary to retrogress the Employment Third, and Third Other Worker cut-off dates to hold number use within the FY-2015 annual limit.
Every effort will be made to return those categories to the previously announced July cut-off dates as quickly as possible under the FY-2016 annual limits. Those limits will take effect October 1, 2015.
Number 82
Volume IX
Washington, D.C
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 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. 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 | 01OCT07 | 01OCT07 | 01OCT07 | 15NOV94 | 15MAR00 |
F2A | 08NOV13 | 08NOV13 | 08NOV13 | 15SEP13 | 08NOV13 |
F2B | 15OCT08 | 15OCT08 | 15OCT08 | 08APR95 | 15MAY04 |
F3 | 15MAR04 | 15MAR04 | 15MAR04 | 22APR94 | 22AUG93 |
F4 | 22OCT02 | 22OCT02 | 22OCT02 | 01MAR97 | 08DEC91 |
*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15SEP13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15SEP13 and earlier than 08NOV13. (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 | 01OCT13 | 01OCT08 | C | C |
3rd | 01APR15 | 01SEP11 | 01FEB04 | 01APR15 | U |
Other Workers | 01APR15 | 01JAN06 | 01FEB04 | 01APR15 | U |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | 01SEP13 | 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 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-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 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 |
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 AUGUST
For August, 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 | 44,250 | Except: Egypt: 28,700 |
ASIA | 7,650 | Except: Nepal: 7,150 |
EUROPE | 39,750 | |
NORTH AMERICA (BAHAMAS) | 8 | |
OCEANIA | 1,325 | |
SOUTH AMERICA, and the CARIBBEAN |
1,350 |
D. PHILIPPINES EMPLOYMENT THIRD PREFERENCE AND
THIRD OTHER WORKER PREFERENCE CATEGORIES ARE
UNAVAILABLE FOR JULY
Despite two retrogressions of the Philippines Employment Third and Third Other Worker cut-off dates in an attempt to hold number use within the annual limit, it has now become necessary to make the category “Unavailable” for the month of July.
It is possible that some unused numbers from the Second preference category may become available for September use. If not, Philippines Third preference numbers will once again be available beginning October 1, 2015 under the FY-2016 annual numerical limitations.
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.
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during May. 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 April 13th. 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 | 15AUG07 | 15AUG07 | 15AUG07 | 08NOV94 | 01FEB05 |
F2A | 01SEP13 | 01SEP13 | 01SEP13 | 08AUG13 | 01SEP13 |
F2B | 15SEP08 | 15SEP08 | 15SEP08 | 01APR95 | 22APR04 |
F3 | 22FEB04 | 22FEB04 | 22FEB04 | 15APR94 | 15AUG93 |
F4 | 01AUG02 | 01AUG02 | 01AUG02 | 15JUL97 | 22OCT91 |
*NOTE: For May, 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 01SEP13. (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 | 01JUN12 | 15APR08 | C | C |
3rd | 01JAN15 | 01MAY11 | 15JAN04 | 01JAN15 | 01JUL07 |
Other Workers | 01JAN15 | 15NOV05 | 15JAN04 | 01JAN15 | 01JUL07 |
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 MAY
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 May, 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 | 32,700 | Except: Egypt: 20,900 Ethiopia: 25,750 |
ASIA | 5,275 | |
EUROPE | 30,300 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 1,075 | |
SOUTH AMERICA, and the CARIBBEAN |
1,025 |
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 JUNE
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 |
D. OVERSUBSCRIPTION OF THE CHINA-mainland born
EMPLOYMENT FIFTH PREFERENCE CATEGORY
Heavy applicant demand has required the implementation of an Employment Fifth preference cut-off date to hold number use within the maximum level of numbers which may be made available for use by such applicants during FY-2015. No specific prediction regarding movement of this date is possible at present. Future visa availability will depend on a combination of demand for numbers being reported each month, and the extent to which otherwise unused numbers may become available. An increase in visa demand by applicants with relatively early priority dates COULD make necessary a retrogression of this cut-off date prior to the end of the fiscal year; retrogression is NOT being predicted but it cannot be ruled out. It is extremely likely that this category will remain subject to a cut-off date indefinitely.
E. PHILIPPINES VISA AVAILABILITY
Family First preference: This cut-off date had been advanced very rapidly during the course of the last year in an effort to generate sufficient demand to fully utilize all available numbers. In recent months the amount of demand being received has been increasing at a steady pace. A continued increase in demand may require a retrogression of the cut-off date within the next several months to hold number use within the annual limit for this preference category.
Employment Third preference: This cut-off date had also been advanced very rapidly in an effort to generate sufficient demand to fully utilize all available numbers. The current rate of increase in demand has required the retrogression of this cut-off date for the month of May, in an attempt to hold number use within the annual limit for this preference category.
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.
The post Visa Bulletin For May 2015 first appeared on SEONewsWire.net.]]>Number 79
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 March 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 | 01AUG07 | 01AUG07 | 01AUG07 | 01NOV94 | 01FEB05 |
F2A | 01AUG13 | 01AUG13 | 01AUG13 | 08JUL13 | 01AUG13 |
F2B | 22AUG08 | 22AUG08 | 22AUG08 | 01FEB95 | 01APR04 |
F3 | 08FEB04 | 08FEB04 | 08FEB04 | 01APR94 | 08AUG93 |
F4 | 15JUN02 | 15JUN02 | 15JUN02 | 08JUL97 | 22SEP91 |
*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08JUL13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUL13 and earlier than 01AUG13. (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 | 01APR11 | 01SEP07 | C | C |
3rd | 01OCT14 | 01JAN11 | 08JAN04 | 01OCT14 | 01OCT14 |
Other Workers | 01OCT14 | 15AUG05 | 08JAN04 | 01OCT14 | 01OCT14 |
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 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 APRIL
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 April, 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 | 30,700 | Except: Egypt: 18,200 Ethiopia: 22,550 |
ASIA | 4,725 | |
EUROPE | 28,450 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 975 | |
SOUTH AMERICA, and the CARIBBEAN |
1,025 |
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 MAY
For May, 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 | 32,700 | Except: Egypt: 20,900 Ethiopia: 25,750 |
ASIA | 5,275 | |
EUROPE | 30,300 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 1,075 | |
SOUTH AMERICA, and the CARIBBEAN |
1,025 |
D. VISA AVAILABILITY – CHINA-mainland born
Employment Third Preference: The cut-off date for this category was advanced very rapidly during the past seven months, in an attempt to generate demand to ensure that all numbers under the annual limit could be made available. Item E in the November 2014 Visa Bulletin notified readers that this rapid movement could require “corrective” action as early as February, once demand began to materialize.
Continued heavy demand by applicants with very early priority dates has required a retrogression of this cut-off date for the month of April, to hold number use within the annual numerical limit. Potential forward movement of this cut-off date during the remainder of the fiscal year is dependent on the amount of demand received for applicants with very early priority dates.
Employment Fifth Preference: Item D of the February Visa Bulletin advised readers that the expected increase in demand would require the establishment of a cut-off date during the summer to hold number use within the annual numerical limit. The establishment of that date can be expected no later than June.
Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For April 2015 first appeared on SEONewsWire.net.]]>Number 78
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 February 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. 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 | 01AUG07 | 01AUG07 | 01AUG07 | 22OCT94 | 01FEB05 |
F2A | 22JUN13 | 22JUN13 | 22JUN13 | 22MAY13 | 22JUN13 |
F2B | 08JUL08 | 08JUL08 | 08JUL08 | 01JAN95 | 22MAR04 |
F3 | 22JAN04 | 22JAN04 | 22JAN04 | 22FEB94 | 01AUG93 |
F4 | 15MAY02 | 15MAY02 | 15MAY02 | 01JUN97 | 08SEP91 |
*NOTE: For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22MAY13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22MAY13 and earlier than 22JUN13. (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 | 01SEP10 | 01JAN07 | C | C |
3rd | 01JUN14 | 22OCT11 | 01JAN04 | 01JUN14 | 01JUN14 |
Other Workers | 01JUN14 | 15AUG05 | 01JAN04 | 01JUN14 | 01JUN14 |
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 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 MARCH
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 March, 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 | 27,800 | Except: Egypt: 15,700 Ethiopia: 18,900 |
ASIA | 4,300 | |
EUROPE | 24,000 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 875 | |
SOUTH AMERICA, and the CARIBBEAN |
925 |
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 APRIL
For April, 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 | 30,700 | Except: Egypt: 18,200 Ethiopia: 22,550 |
ASIA | 4,725 | |
EUROPE | 28,450 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 975 | |
SOUTH AMERICA, and the CARIBBEAN |
1,025 |
Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.
The post Visa Bulletin For March 2015 first appeared on SEONewsWire.net.]]>The U.S. Department of Homeland Security’s most recent statistics are from 2012, and they counted 11.4 million undocumented immigrants in this country. Fifty-nine percent were from Mexico, with El Salvador (6 percent), Guatemala (5 percent), Honduras (3 percent) and Philippines (3 percent) rounding out the top five countries of origin.
India was the sixth leading source of undocumented immigrants in the United States as of 2012. Interestingly, when one focuses only on the numbers and percentages of unauthorized immigrants who will be able to avail themselves of the terms of the president’s executive order, India’s rank rises dramatically.
Roughly 44 percent of the 5.9 million Mexicans who are in this country illegally will benefit from the executive action, and 37 percent of the generously estimated 450,000 undocumented Indians in this country will benefit from the policy change.
With 37 percent of all undocumented immigrants — 170,000 of the 450,000 total — able to stay in the United States under the executive action, India vaults into second place, behind only Mexico, on its percentage of unauthorized immigrants who will qualify for the new non-deportation policy.
A large portion of the unauthorized immigrants in the United States from Mexico and other Latin American countries enter the country undocumented. By contrast, most current unauthorized immigrants from India were originally documented when they entered the United States. Later, these Indian nationals lost their status when their visas expired but remained in the country.
Under United States Citizenship and Immigration Services rules, when immigrants who have been allowed to enter the United States on a work-related visa — such as the H-1B visa — loses their job, they must find alternate employment and transfer their visa within a specific time period. If they do not, they lose their status.
Along with related L-1 visa holders, many Indians who legally entered the United States to work in the technology industry lost their jobs during the Great Recession and were not able to find new work, losing their status in the process.
In addition to the estimated 170,000 Indians who will be able to remain in the United States under the president’s executive order, another 13,500 are shielded from deportation under current law. Also, the policy change will permit many spouses and children of undocumented immigrants from India to apply for a waiver from illegal status — and eventually, apply for a green card.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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Number 77
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during February. 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 January 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. 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 | 22JUL07 | 22JUL07 | 22JUL07 | 01OCT94 | 08JAN05 |
F2A | 08MAY13 | 08MAY13 | 08MAY13 | 22APR13 | 08MAY13 |
F2B | 22MAY08 | 22MAY08 | 22MAY08 | 15DEC94 | 22FEB04 |
F3 | 01JAN04 | 01JAN04 | 01JAN04 | 15JAN94 | 15JUL93 |
F4 | 15APR02 | 15APR02 | 15APR02 | 22APR97 | 08AUG91 |
*NOTE: For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22APR13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22APR13 and earlier than 08MAY13. (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 | 15MAR10 | 01SEP05 | C | C |
3rd | 01JAN14 | 01SEP11 | 22DEC03 | 01JAN14 | 01JAN14 |
Other Workers | 01JAN14 | 15AUG05 | 22DEC03 | 01JAN14 | 01JAN14 |
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 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 FEBRUARY
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 February, 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 | 26,000 | Except: Egypt: 12,000 Ethiopia: 15,500 |
ASIA | 3,825 | |
EUROPE | 20,500 | |
NORTH AMERICA (BAHAMAS) | 5 | |
OCEANIA | 775 | |
SOUTH AMERICA, and the CARIBBEAN |
875 |
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 MARCH
For March, 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 | 27,800 | Except: Egypt: 15,700 Ethiopia: 18,900 |
ASIA | 4,300 | |
EUROPE | 24,000 | |
NORTH AMERICA (BAHAMAS) | 6 | |
OCEANIA | 875 | |
SOUTH AMERICA, and the CARIBBEAN |
925 |
D. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Up to three weeks
F2A: Three or four weeks
F2B: Three to six weeks
F3: Up to three weeks
F4: Two to four weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China: Three to six weeks
India: Four to six months
Employment Third:
Worldwide: Rapid forward movement for at least another month or two. The rapid movement in recent months should generate a significant amount of demand for numbers. Once such demand materializes at the anticipated rate it will have a direct impact on this cut-off date.
China: Rapid forward movement. Such movement is likely to result
in a dramatic increase in demand which could require
“corrective” action within the next six months.
India: Up to two weeks
Mexico: Will remain at the worldwide date
Philippines: Will remain at the worldwide date. Increased demand may
require “corrective” action at some point later in the
fiscal year.
Employment Fourth: Current
Employment Fifth: Current – for most countries. The expected increase in
China-mainland born demand would require the
establishment of a cut-off date for such applicants
no later than the summer months.
The category will remain “Current” for all other countries
for the foreseeable future.
The above projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May 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 monthly fluctuations in applicant demand and a number of other variables.
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 February 2015 first appeared on SEONewsWire.net.]]>Number 76
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during January. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 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. 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 | 08JUL07 | 08JUL07 | 08JUL07 | 15SEP94 | 22DEC04 |
F2A | 15APR13 | 15APR13 | 15APR13 | 22FEB13 | 15APR13 |
F2B | 01APR08 | 01APR08 | 01APR08 | 01NOV94 | 01FEB04 |
F3 | 22DEC03 | 22DEC03 | 22DEC03 | 15DEC93 | 08JUL93 |
F4 | 22MAR02 | 22MAR02 | 22MAR02 | 22MAR97 | 15JUL91 |
*NOTE: For January, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22FEB13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22FEB13 and earlier than 15APR13. (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 | 01FEB10 | 15FEB05 | C | C |
3rd | 01JUN13 | 01MAR11 | 15DEC03 | 01JUN13 | 01JUN13 |
Other Workers | 01JUN13 | 22JUL05 | 15DEC03 | 01JUN13 | 01JUN13 |
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-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 January, 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 | 21,000 | Except: Egypt: 9,000 Ethiopia: 12,000 |
ASIA | 3,250 | |
EUROPE | 16,000 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 700 | |
SOUTH AMERICA, and the CARIBBEAN |
825 |
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 FEBRUARY
For February, 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 | 26,000 | Except: Egypt: 12,000 Ethiopia: 15,500 |
ASIA | 3,825 | |
EUROPE | 20,500 | |
NORTH AMERICA (BAHAMAS) | 5 | |
OCEANIA | 775 | |
SOUTH AMERICA, and the CARIBBEAN |
875 |
D. ANNUAL REPORT OF IMMIGRANT VISA APPLICANTS IN THE
FAMILY-SPONSORED AND EMPLOYMENT-BASED PREFERENCES
REGISTERED AT THE NATIONAL VISA CENTER AS OF
NOVEMBER 1, 2014
The National Visa Center has provided the totals of applicants who are registered in the various numerically-limited immigrant categories for processing at overseas posts. This information is available on the Consular Affairs www.travel.state.gov website. The direct link to the item is: http://travel.state.gov/content/dam/visas/Statistics/Immigrant-statistics/WaitingListItem.pdf.
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 January 2015 first appeared on SEONewsWire.net.]]>The review lists several trends. Compared to October, 2013, (a) overall, the number academic, vocational and exchange international students is up by 9%, (b) the number of all academic and vocational students enrolled in secondary school programs is up by 14% and those enrolled in U.S. masters degree programs is up 16%; (c) the number of academic and vocational students from India is up 28%; and interestingly (d) data on the number of academic and vocational students studying in Vermont show it to be up 21%, and those studying in Washington, Delaware and Arizona is up 18%.
The top five approved approved institutions with the largest academic international students populations are: (1) University of Southern California, with 12,332 international students; (2) New York University, with 10,825 international students; (3) Columbia University, with 10,744 international students; (4) Purdue University, with 10,545 international students; and (5) University of Illinois, with 10,510 international students.
Finally, 12% of all academic and vocational students, or a total of 134,292, are from India. 65% of all academic and vocational students from India study engineering and computer and information sciences and support services programs.
Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.
The post International Students in America: October, 2014 Numbers and Trends first appeared on SEONewsWire.net.]]>Gold has long been the safe haven of choice for Indians looking for a place to park their cash and a way to avoid the uncertainties that swings in the stock market or currency fluctuations have presented. In recent years, investment in the United States, particularly in real estate, has appealed to foreign buyers looking for a similarly conservative, yet profitable, option. And as the bottom dropped out of many real estate markets in the United States during the recent recession, current purchase prices are very appealing.
A more price-compelling U.S. real estate market has been reflected in the number of foreign buyers, Indians included, who have closed escrow for property in this country. A National Association of Realtors survey estimated that from April 2013 to March of this year, total sales to buyers from abroad stood at $92.2 billion, which represents a 35 percent increase over the previous year. As a result, foreign buyers now constitute 7 percent of all existing-home sales.
Among existing-home sales closed by foreign buyers, China accounted for the largest share of international buyers at 24 percent, followed by Canada at 15 percent, with India and the United Kingdom tied for third with a 6 percent share of the total each. Indian buyers spent $5.8 billion in the U.S. real estate market over the last measured year, up from $3.9 billion over the 12-month period before it.
The figures cited do not distinguish between immigrant buyers and international buyers of U.S. real estate who retain their foreign domiciles. While many international buyers invest in U.S. real estate due to political instability or a restrictive business environment in their home countries, Indian buyers more frequently invest with a longer-term or more practical perspective in mind.
Middle-aged Indians with children current comprise the largest demographic looking to purchase property in this country. Indian families most often invest in residential housing, either multi-unit buildings or single-family dwellings.
With the significant number of students from India who are studying stateside, the investment scenario becomes all the more compelling: families secure living quarters for their children while they are at college or, subsequent to graduation, working in America, and thereafter, either rent out the unit or retain it as a residence if the family chooses to immigrate to the United States.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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Number 75
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 November 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. 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 | 22JUN07 | 22JUN07 | 22JUN07 | 15AUG94 | 15DEC04 |
F2A | 22MAR13 | 22MAR13 | 22MAR13 | 01JAN13 | 22MAR13 |
F2B | 22FEB08 | 22FEB08 | 22FEB08 | 01OCT94 | 15JAN04 |
F3 | 15DEC03 | 15DEC03 | 15DEC03 | 15NOV93 | 22JUN93 |
F4 | 22FEB02 | 22FEB02 | 22FEB02 | 01MAR97 | 01JUN91 |
*NOTE: For December, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN13. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JAN13 and earlier than 22MAR13. (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 | 01JAN10 | 15FEB05 | C | C |
3rd | 01NOV12 | 01JUN10 | 01DEC03 | 01NOV12 | 01NOV12 |
Other Workers | 01NOV12 | 22JUL05 | 01DEC03 | 01NOV12 | 01NOV12 |
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 DECEMBER
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 December, 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 | 17,000 | Except: Egypt: 7,500 Ethiopia: 9,000 |
ASIA | 3,200 | |
EUROPE | 11,600 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 650 | |
SOUTH AMERICA, and the CARIBBEAN |
725 |
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 JANUARY
For January, 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 | 21,000 | Except: Egypt: 9,000 Ethiopia: 12,000 |
ASIA | 3,250 | |
EUROPE | 16,000 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 700 | |
SOUTH AMERICA, and the CARIBBEAN |
825 |
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.
The post Visa Bulletin For December 2014 first appeared on SEONewsWire.net.]]>Number 74
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. 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 8th. 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 | 08JUN07 | 08JUN07 | 08JUN07 | 08JUL94 | 01NOV04 |
F2A | 01MAR13 | 01MAR13 | 01MAR13 | 22SEP12 | 01MAR13 |
F2B | 01JAN08 | 01JAN08 | 01JAN08 | 08SEP94 | 01JAN04 |
F3 | 08DEC03 | 08DEC03 | 08DEC03 | 01NOV93 | 08JUN93 |
F4 | 08FEB02 | 08FEB02 | 08FEB02 | 15FEB97 | 01MAY91 |
*NOTE: For November, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22SEP12. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22SEP12 and earlier than 01MAR13. (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 | 08DEC09 | 15FEB05 | C | C |
3rd | 01JUN12 | 01JAN10 | 22NOV03 | 01JUN12 | 01JUN12 |
Other Workers | 01JUN12 | 22JUL05 | 22NOV03 | 01JUN12 | 01JUN12 |
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-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 November, 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 | 14,200 | Except: Egypt: 6,800 Ethiopia: 7,800 |
ASIA | 2,950 | |
EUROPE | 9,900 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 500 | |
SOUTH AMERICA, and the CARIBBEAN |
650 |
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 DECEMBER
For December, 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 | 17,000 | Except: Egypt: 7,500 Ethiopia: 9,000 |
ASIA | 3,200 | |
EUROPE | 11,600 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 650 | |
SOUTH AMERICA, and the CARIBBEAN |
725 |
D. INDIA EMPLOYMENT SECOND PREFERENCE
Increased demand in the INDIA Employment-based Second preference category has required the retrogression of this cut-off date to hold number use within the fiscal year 2015 annual limit.
E. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Two to three weeks
F2A: Three to five weeks
F2B: Six to eight weeks
F3: One to three weeks
F4: Two or four weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China: Three to five weeks
India: No forward movement
Employment Third:
Worldwide: Continued rapid forward movement for the next several months. After such rapid advance of the cut-off date applicant demand for number use, particularly for adjustment of status cases, is expected to increase significantly. Once such demand begins to materialize at a greater rate it will impact this cut-off date situation.
China: Rapid forward movement. Such movement is likely to result in increased demand which may require “corrective” action possibly as early as February.
India: Little if any movement
Mexico: Will remain at the worldwide date
Philippines: Will remain at the worldwide date. Increased demand may require “corrective” action at some point later in the fiscal year.
Employment Fourth: Current
Employment Fifth: Current
The above projections for the Family and Employment categories indicate what is likely to happen during each of the next three 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.
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 2014 first appeared on SEONewsWire.net.]]>As a result, the Indian subcontinent sends immigrants from a variety of ethnic and religious backgrounds to the United States. From that rich tapestry, the Sikhs have emerged as one of the more interesting India-endemic groups, one that has been often misunderstood or maligned in countries they immigrate to as well as in India itself.
The Sikhs belong to a monotheistic faith that originated in the 15th century. Their homeland is centered in the Punjab region, which derives its name from a Punjabi corruption of two Persian words that mean “five waters,” referring to the five rivers of the region that are tributaries of the mighty Indus River.
While the emergence of a Sikh empire in the 18th century marked a period of unparalleled religious tolerance in India, there has been intermittent friction, even violence, between Sikhs and Mughals since its establishment — and later, tension with Muslims and Hindus. This friction was notably prominent in the period leading up to the partition of India in 1947. Sectarian strife involving the Sikhs truly picked up steam in the 1960s as the Sikhs lobbied for the creation of a Punjab state, which was eventually granted on a modified basis in 1966.
The 1970s marked another period of sectarian conflict, this time between Sikhs and Hindus. In large part, this tension was due to the perceived anti-Sikh bias of the ruling Congress Party. Prime Minister Indira Gandhi assumed emergency powers in 1975 in reaction to the violence, which contributed to increased Sikh agitation for justice, spearheaded by the Sikh leader Jarnail Singh Bhindranwale.
The tension culminated in a cascade of retributory strikes in 1984. Government forces attacked the Sikh-revered Golden Temple in Amritsar, where Jarnail Singh Bhindranwale sought refuge. Gandhi was assassinated by her Sikh bodyguards four months later. A massacre of thousands of Sikhs throughout India followed immediately.
Fortunately, relations between Sikhs and Hindus have improved since the disastrous chain of events in 1984, but the times of trouble have contributed to a diaspora of Sikhs in the world. There are more than 19 million Sikhs in India and 27 million Sikhs worldwide. The most recent estimates rank the United Kingdom after India as having the largest population of Sikhs at 760,000. The United States is next at 500,000 Sikhs, followed by Canada with 468,000 Sikhs.
Imigration from India to other lands, unfortunately, has not spared the Sikhs from discrimination and violence.
One of the tenets of Sikhism, the so-called “Five K’s” — the articles of faith that all baptized Sikhs are obliged to wear — includes one, called Kesh, for uncut hair, which prompts Sikhs to don their trademark turban, called a dastar. In the post-9/11 era, the Sikh wrapping of hair has drawn physical attacks by some people in who wrongly confuse them with Islamic extremists (many of whom wear turbans as well, though almost always of a different style).
The misguided and racist violence against Sikhs after the September 11 U.S. terrorist attacks has unfolded in a series of beatings and killings over the last 13 years. It was expressed most tragically in 2012, when six worshippers at a Sikh temple were gunned down outside a temple in Milwaukee.
The current ISIS-spurred burst of violence in the Middle East has again drawn unwarranted negative attention to turban-wearing Sikhs.
The sentiments of many Sikhs who have integrated into American society can perhaps best be summarized by one Sikh-American named Vishavjit Singh, who has made it a mission to educate people about Sikhs and spread his message of tolerance among a variety of audiences.
Singh recently recounted his reaction to one uncomfortable situation to a group of students at Alfred University, where he runs a special program called “Drawn to Diversity.” “People can think I’m not an American, they can tell me to go home to where I came from,” Singh told his student listeners. “And I say: ‘OK, I’ll go home tonight. I live here.”
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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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 India EB-2 Visa Numbers Expected to Retrogress first appeared on SEONewsWire.net.]]>Number 73
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 8th. 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 | 22MAY07 | 22MAY07 | 22MAY07 | 22JUN94 | 01SEP04 |
F2A | 01FEB13 | 01FEB13 | 01FEB13 | 22JUL12 | 01FEB13 |
F2B | 01NOV07 | 01NOV07 | 01NOV07 | 01AUG94 | 15DEC03 |
F3 | 01DEC03 | 01DEC03 | 01DEC03 | 22OCT93 | 01JUN93 |
F4 | 22JAN02 | 22JAN02 | 22JAN02 | 01FEB97 | 08APR91 |
*NOTE: For October, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUL12. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUL12 and earlier than 01FEB13. (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 | 15NOV09 | 01MAY09 | C | C |
3rd | 01OCT11 | 01APR09 | 15NOV03 | 01OCT11 | 01OCT11 |
Other Workers | 01OCT11 | 22JUL05 | 15NOV03 | 01OCT11 | 01OCT11 |
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-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 October, 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 | 8,000 | Except: Egypt: 6,000 Ethiopia: 7,000 |
ASIA | 2,500 | |
EUROPE | 8,500 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 400 | |
SOUTH AMERICA, and the CARIBBEAN |
550 |
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 NOVEMBER
For November, 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 | 14,200 | Except: Egypt: 6,800 Ethiopia: 7,800 |
ASIA | 2,950 | |
EUROPE | 9,900 | |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 500 | |
SOUTH AMERICA, and the CARIBBEAN |
650 |
D. VISA AVAILABILITY IN THE COMING MONTHS
INDIA Employment-based Second Preference: Increased demand will require the retrogression of this cut-off date, possibly in November, to hold number use within the fiscal year 2015 annual limit.
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.
The post Visa Bulletin for October, 2014 first appeared on SEONewsWire.net.]]>International students who intern at Texas A&M — mostly from India, Brazil and China — usually begin with a summer program, often at the university’s renowned Artie McFerrin Department of Chemical Engineering. Many of these students are drawn from top academic and research facilities in their home countries, including Kanpur University in India. Texas A&M clearly hopes that these summer interns will eventually become Aggies as graduate students.
“The goal is to showcase our research projects in the cutting edge technologies, with the hope that these students will gain very positive interactions with their faculty members, and would apply to our Ph.D. program in due course,” said Dr. Nazmul Karim, head of the chemical engineering department.
The university also sends out its American students to study overseas in new countries. This exchange of students through Texas A&M has made the university 13th among U.S. institutions of higher learning for sending students abroad to participate in credit-bearing academic programs. Indeed, more than 3,000 Aggies have studied at more than 90 locations around the world for a semester while sponsored by the university’s Study Abroad Programs Office.
American students studying abroad are enriched by an immersion in their host country’s traditions and culture, and they, in turn, share their outlook on and experiences in U.S. culture and its democratic process with their hosts. And Texas A&M University officials have a vision for what they expect of their American students when they return to Texas.“In order for Aggies to assume their place in the Texas economy, they will need to have a familiarity with how other societies function and markets in other countries work,” said Dr. Jane Flaherty, director of Texas A&M’s Study Abroad Programs Office. “Going abroad facilitates the development of this knowledge.”
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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Number 71
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during August. 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 July 8th. 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 | 22APR07 | 22APR07 | 22APR07 | 08APR94 | 01JUN04 |
F2A | 01MAY12 | 01MAY12 | 01MAY12 | 15MAR11 | 01MAY12 |
F2B | 01JUL07 | 01JUL07 | 01JUL07 | 01APR94 | 08OCT03 |
F3 | 15NOV03 | 15NOV03 | 15NOV03 | 15SEP93 | 15APR93 |
F4 | 01JAN02 | 01JAN02 | 01JAN02 | 01JAN97 | 22JAN91 |
*NOTE: For August, 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 | 08OCT09 | 22JAN09 | C | C |
3rd | 01APR11 | 01NOV08 | 08NOV03 | 01APR11 | 01JUN10 |
Other Workers | 01APR11 | 22JUL05 | 08NOV03 | 01APR11 | 01JUN10 |
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 AUGUST
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 August, 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 | 69,300 | Except: Egypt: 32,250 Nigeria: 25,000 |
ASIA | 12,700 | Except: Nepal: 9,500 |
EUROPE | 40,150 | |
NORTH AMERICA (BAHAMAS) | CURRENT | |
OCEANIA | 1,450 | |
SOUTH AMERICA, and the CARIBBEAN |
1,750 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-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 SEPTEMBER
For September, 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 | 81,100 | Except: Egypt: 32,250 |
ASIA | 13,350 | Except: Nepal: 9,500 |
EUROPE | 40,150 | |
NORTH AMERICA (BAHAMAS) | CURRENT | |
OCEANIA | 1,450 | |
SOUTH AMERICA, and the CARIBBEAN |
1,750 |
D. VISA AVAILABILITY IN THE COMING MONTHS
The China-mainland born Employment Third and Third Other Workers cut-off dates have advanced for the month of August, and could do so again for September. There are two reasons for this advance after the retrogression of the cut-off date earlier this summer: 1) The heavy demand by applicants with priority dates significantly (years) earlier than the previous cut-off date has declined during the past two months, and 2) declining number use in the Family preferences during May and June, combined with updated estimates of such number use through the end of the fiscal year, has resulted in availability of several hundred numbers for use in the China-mainland born Employment Third preference.
During the past two months, the India Employment Second preference cut-off date has advanced very rapidly based on the projected availability of “otherwise unused” numbers under the worldwide preference limit. It must not be assumed that this cut-off date will continue to advance at the same pace during the coming months. A cut-off date does not mean that everyone with a priority date before such cut-off date has already been processed to conclusion. It remains to be seen how heavy the demand for visa numbers by applicants will be in the coming months, and what the priority dates of such applicants may be. Heavy demand by applicants with priority dates significantly earlier than the established cut-off date is expected to materialize within the next several months, at which time the cut-off date is likely to retrogress significantly.
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.
The post Visa Bulletin For August 2014 first appeared on SEONewsWire.net.]]>Number 70
Volume IX
Washington, D.C
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 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 Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01APR07 | 01APR07 | 01APR07 | 01FEB94 | 01JAN03 |
F2A | 01MAY12 | 01MAY12 | 01MAY12 | 15MAR11 | 01MAY12 |
F2B | 01MAY07 | 01MAY07 | 01MAY07 | 22NOV93 | 15AUG03 |
F3 | 15OCT03 | 15OCT03 | 15OCT03 | 08AUG93 | 22MAR93 |
F4 | 22DEC01 | 22DEC01 | 22DEC01 | 15DEC96 | 01JAN91 |
*NOTE: For July, 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 | 01JUL09 | 01SEP08 | C | C |
3rd | 01APR11 | 01OCT06 | 01NOV03 | 01APR11 | 01JAN09 |
Other Workers | 01APR11 | 01JAN03 | 01NOV03 | 01APR11 | 01JAN09 |
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 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-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 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 |
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 AUGUST
For August, 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 | 69,300 | Except: Egypt: 32,250 Nigeria: 25,000 |
ASIA | 12,700 | |
EUROPE | 40,150 | |
NORTH AMERICA (BAHAMAS) | CURRENT | |
OCEANIA | 1,450 | |
SOUTH AMERICA, and the CARIBBEAN |
1,750 |
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.
The post Visa Bulletin For July 2014 first appeared on SEONewsWire.net.]]>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.]]>Number 68
Volume IX
Washington, D.C
A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during May. 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 April 8th. 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 | 08MAR07 | 08MAR07 | 08MAR07 | 15NOV93 | 01FEB02 |
F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
F2B | 01FEB07 | 01FEB07 | 01FEB07 | 15MAY93 | 22JUN03 |
F3 | 01SEP03 | 01SEP03 | 01SEP03 | 01JUL93 | 01MAR93 |
F4 | 08DEC01 | 08DEC01 | 08DEC01 | 01DEC96 | 01NOV90 |
*NOTE: For May, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15APR12. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15APR12 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 | 15APR09 | 15NOV04 | C | C |
3rd | 01OCT12 | 01OCT12 | 01OCT03 | 01OCT12 | 01NOV07 |
Other Workers | 01OCT12 | 01OCT12 | 01OCT03 | 01OCT12 | 01NOV07 |
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 MAY
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 May, 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 | 37,900 | Except: Egypt: 25,900 Nigeria: 13,500 |
ASIA | 6,500 | |
EUROPE | 30,700 | Except: Uzbekistan 16,350 |
NORTH AMERICA (BAHAMAS) | 15 | |
OCEANIA | 1,100 | |
SOUTH AMERICA, and the CARIBBEAN |
1,325 |
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 JUNE
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 |
D. VISA AVAILABILITY DURING THE COMING MONTHS
WORLDWIDE F2A: From early 2013 through September 2013, the level of demand for numbers in this preference category was extremely low. As a result, the F2A cut-off date was advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limit could be fully utilized. As readers of the Visa Bulletin were advised during that time, such cut-off date advances were not expected to continue, and at some point they could stop, or retrogression might be required.
The level of demand being experienced for FY-2014 has resulted in the Worldwide F2A cut-off date being held since October. Despite no forward movement of the cut-off date, the level of demand has continued to increase dramatically. At the current rate, such demand will require a retrogression of the F2A cut-off date within the next several months. That action would be necessary to hold number use within the annual numerical limit.
MEXICO F2A: Despite an earlier retrogression of this cut-off date, the level of demand remains extremely heavy. As a result, it is likely that another retrogression of this cut-off date will be required to hold number use within the annual numerical limit.
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.
The post Visa Bulletin For May 2014 first appeared on SEONewsWire.net.]]>Number 67
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 March 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 | 22FEB07 | 22FEB07 | 22FEB07 | 01NOV93 | 01NOV01 |
F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
F2B | 22OCT06 | 22OCT06 | 22OCT06 | 01MAY93 | 08JUN03 |
F3 | 15JUL03 | 15JUL03 | 15JUL03 | 22JUN93 | 22FEB93 |
F4 | 22NOV01 | 22NOV01 | 22NOV01 | 22NOV96 | 01OCT90 |
*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15APR12. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15APR12 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 | 08MAR09 | 15NOV04 | C | C |
3rd | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
Other Workers | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
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
B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH
OF APRIL
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 April, 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 | 30,000 | Except: Egypt: 22,850 Nigeria: 11,600 |
ASIA | 5,350 | |
EUROPE | 25,400 | Except: Uzbekistan 14,750 |
NORTH AMERICA (BAHAMAS) | 14 | |
OCEANIA | 900 | |
SOUTH AMERICA, and the CARIBBEAN |
1,140 |
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 MAY
For May, 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 | 37,900 | Except: Egypt: 25,900 Nigeria: 13,500 |
ASIA | 6,500 | |
EUROPE | 30,700 | Except: Uzbekistan 16,350 |
NORTH AMERICA (BAHAMAS) | 15 | |
OCEANIA | 1,100 | |
SOUTH AMERICA, and the CARIBBEAN |
1,325 |
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 April 2014 first appeared on SEONewsWire.net.]]>The controversy surrounding former Indian Deputy Consul General Devyani Khobragade has captured international media attention. Khobragade was arrested in New York City on December 12, 2013, for allegedly underpaying and exploiting her domestic employee, Sangeeta Richard.
Footage of Khobragade being strip-searched by U.S. federal law enforcement authorities has enflamed passions in India. Many believe she was disrespected and humiliated; advocates insist that she should have avoided such treatment because of her diplomatic immunity. At the same time, many Americans were appalled at Khobragade’s alleged flaunting of U.S. labor laws.
The U.S. attorney for the district of Manhattan, Preet Bharara, filed a memorandum denying Khobragade’s motion to dismiss the visa fraud indictment against her, saying that there was no basis for her immunity.
“Having left the U.S. and returned to India, the defendant currently has no diplomatic or consular status in the U.S., and the consular level immunity that she did have at the relevant times does not give her immunity from the charges in this case, crimes arising out of nonofficial acts,” Bharara said. “The defendant attempts through her motion to concoct a theory of immunity out of a UNGA (United Nations General Assembly) “Blue Card” that she purportedly had for a brief Indian delegation visit to the UN that ended close to three months before her arrest.”
The row that has ensued since Khobragade’s arrest — she left the United States on January 9, 2014 — has frayed U.S.-India relations and has led to some retaliatory measures against American diplomats stationed in India. It remains to be seen, however, whether Khobragade will become a standard image of a mutually embarrassing diplomatic incident or something more damaging.
Practical considerations may simply recapture attention on their own, pushing the Khobragade affair aside. After all, the United States is one of India’s largest trading partners and direct investors, and the two biggest democracies in the world have been increasing their military cooperation in the face of their common rival, China, and its rising power and influence in Asia.
Ultimately, it is likely that interested parties in both the U.S. and India will need to mount a sustained, effective lobbying campaign in the stateside debate over immigration, especially over visas such as the H-1B. Such efforts may help tip the scales in favor of a more immigrant-friendly bill in the U.S. Congress, replacing the possibility of an inappropriate focus on an international incident involving only a handful of people.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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Sandeep Gupta worked as a location manager in Houston for Schwan’s until he quit in 2013. He said he was subjected to extreme mistreatment, including racial slurs and physical attacks.
Gupta, who was born in India and raised in Hong Kong, said that he was called names such as “turban head” at work, and that coworkers suggested he was a terrorist. Allegedly, they also altered a photograph of him to make it appear that he was surrounded by a SWAT team. Gupta claimed that company managers physically attacked him, holding him down and striking him in the groin. He claims that the abuse continued on a systematic basis even after he reported it to his supervisor.
Gupta said that he needed the job and could not afford to quit until last year. He said he is now looking for work.
Schwan’s issued a statement stating that it is the company’s policy to provide a workplace free of discrimination and harassment, and that Gupta did not report the alleged abuse prior to his resignation.
Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.
The post Indian American Files Federal Employment Discrimination Lawsuit Against Texas Company first appeared on SEONewsWire.net.]]>Number 66
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 February 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 | 01FEB07 | 01FEB07 | 01FEB07 | 15OCT93 | 15AUG01 |
F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
F2B | 01SEP06 | 01SEP06 | 01SEP06 | 01MAY93 | 08JUN03 |
F3 | 15JUN03 | 15JUN03 | 15JUN03 | 08JUN93 | 15FEB93 |
F4 | 08NOV01 | 08NOV01 | 08NOV01 | 15NOV96 | 01SEP90 |
*NOTE: For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15APR12. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15APR12 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 | 15FEB09 | 15NOV04 | C | C |
3rd | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
Other Workers | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
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 MARCH
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 March, 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 | 25,000 | Except: Egypt: 18,300 Ethiopia: 24,700 Nigeria: 9,400 |
|
ASIA | 4,325 | ||
EUROPE | 20,050 | Except: Uzbekistan 13,900 | |
NORTH AMERICA (BAHAMAS) | 8 | ||
OCEANIA | 800 | ||
SOUTH AMERICA, and the CARIBBEAN |
985 |
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 APRIL
For April, 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 | 30,000 | Except: Egypt: 22,850 Nigeria: 11,600 |
|
ASIA | 5,350 | ||
EUROPE | 25,400 | Except: Uzbekistan 14,750 | |
NORTH AMERICA (BAHAMAS) | 14 | ||
OCEANIA | 900 | ||
SOUTH AMERICA, and the CARIBBEAN |
1,140 |
D. MEXICO VISA AVAILABILITY
MEXICO F2A: Continued heavy demand in the Mexico F2A category has resulted in the retrogression of this cut-off date to hold number use within the annual numerical limit.
It should be noted that there are many applicants with priority dates which are earlier than any listed cut-off dates. A cut-off date does not mean that everyone with a priority date before such date has already processed their case to conclusion, and received a visa.
E. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Two to four weeks
F2A: No forward movement is expected
F2B: Four to seven weeks
F3: Four to six weeks
F4: Two or three weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China: Three to five weeks
India: No forward movement
Employment Third:
Worldwide: This cut-off date has been advanced over four and one half years since last spring in an effort to generate new demand. After such a rapid advance of a cut-off date applicant demand for number use, particularly for adjustment of status cases, can be expected to increase significantly. Once such demand begins to materialize at a greater rate it could have a significant impact on this cut-off date situation. Little, if any forward movement of this cut-off date is likely during the next few months.
China: Will remain at the worldwide date
India: Little if any movement
Mexico: Will remain at the worldwide date
Philippines: Three to six 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 several 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 March 2014 first appeared on SEONewsWire.net.]]>One such scam involves someone from the Far East with a thick accent placing a call to a consumer who might be in debt to a credit card company or some other lending institution. The caller knows the name of the creditor, the amount of the balance, as well as information about the consumer. All of this could have been accessed from the personal information such as name, address, and social security number which might allow someone to pull a credit report to determine the names of the consumer’s creditors. The consumer is advised that they have a debt of some amount, perhaps near $10,000 to a particular creditor, but the caller claims to be a lawyer from Washington, D.C., or some other metropolitan area. The phone number they are calling from will have an area code that matches the city they claim to be calling from. This is a masking technique that anyone can produce using certain telephone vendors. Anyone can purchase a Washington, D.C., area code and mask their calls as coming from that number . In essence, someone from India could be calling you, appearing to be calling from Washington, D.C. In some instances, the caller claims to be Attorney Michael Shaw from Washington, D.C. from the phone number 202-239-6225.
This “lawyer” will then tell the consumer that they may settle their debt for $900. They are instructed to purchase a Green Dot money card from Walgreens, CVS, Wal-Mart or perhaps other vendors who sell these Green Dot credit cards. The consumer is then advised to load money onto that card, and then call the “lawyer” from Washington, D.C., with the pin number of that Green Dot card so that the “lawyer” can access the $900 on the card for purposes of settling the debt.
Once the consumer gives the pin number to the “lawyer,” the scam artist from overseas will withdraw everything off the card. For instance, if the consumer puts $2,000 on the Green Dot card but only authorizes the “lawyer” to take $900, the scam artist will withdraw the entire $2,000 amount.
The overseas scam artist will then call the consumer back and tell them that the settlement has now been declined, and that the consumer will be receiving a $900 refund in the mail. A day later, the consumer will be called again by this same individual who will tell the consumer that the settlement has now been “approved” and they need to redo the transaction because the refund check has already been issued. This time the scammer will tell the consumer that there is an additional $200 document fee, and so they will need to withdraw $1,100. This process will repeat itself as many times as the consumer will allow it with different stories and excuses for why refunds will be issued and why new charges need to be taken from the Green Dot card. Needless to say, no refund checks are ever sent, and some consumers have been known to lose over $5,000 by the various transactions conducted through this scheme. In some instances, the consumer may be threatened by the caller, claiming that they will be turned over to the police with a warrant issued for their arrest for not paying their bills. The more the consumer protests, the more aggressive the threats become. In some instances the caller may call dozens of times everyday, harassing the consumer, without any threat of recourse due to his offshore location. The best strategy is to screen your calls and do not engage this person at all. His attention will soon go to other potential victims if his calls are not being taken.
There are likely several variations of this scam, and consumers, particularly those in debt whose personal information may have been accessed through Target last month, need to be aware of these types of transactions. In summary, consumers should be very cautious about engaging in any wire transfers, Green Dot transactions, or credit card transactions where debts are offering to be settled. In addition, personal checks, money orders, and cashier’s checks can easily be counterfeited, and should not be relied upon by a consumer. If ever you need to contact a creditor, or have been contacted by a creditor for purposes of settling a debt, the best approach is to get everything in writing with signed settlement documents and agreements prior to sending any funds. Seeking attorney representation in this instance is always a good idea.
The post first appeared on SEONewsWire.net.]]>One such scam involves someone from the Far East with a thick accent placing a call to a consumer who might be in debt to a credit card company or some other lending institution. The caller knows the name of the creditor, the amount of the balance, as well as information about the consumer. All of this could have been accessed from the personal information such as name, address, and social security number which might allow someone to pull a credit report to determine the names of the consumer’s creditors. The consumer is advised that they have a debt of some amount, perhaps near $10,000 to a particular creditor, but the caller claims to be a lawyer from Washington, D.C., or some other metropolitan area. The phone number they are calling from will have an area code that matches the city they claim to be calling from. This is a masking technique that anyone can produce using certain telephone vendors. Anyone can purchase a Washington, D.C., area code and mask their calls as coming from that number . In essence, someone from India could be calling you, appearing to be calling from Washington, D.C. In some instances, the caller claims to be Attorney Michael Shaw from Washington, D.C. from the phone number 202-239-6225.
This “lawyer” will then tell the consumer that they may settle their debt for $900. They are instructed to purchase a Green Dot money card from Walgreens, CVS, Wal-Mart or perhaps other vendors who sell these Green Dot credit cards. The consumer is then advised to load money onto that card, and then call the “lawyer” from Washington, D.C., with the pin number of that Green Dot card so that the “lawyer” can access the $900 on the card for purposes of settling the debt.
Once the consumer gives the pin number to the “lawyer,” the scam artist from overseas will withdraw everything off the card. For instance, if the consumer puts $2,000 on the Green Dot card but only authorizes the “lawyer” to take $900, the scam artist will withdraw the entire $2,000 amount.
The overseas scam artist will then call the consumer back and tell them that the settlement has now been declined, and that the consumer will be receiving a $900 refund in the mail. A day later, the consumer will be called again by this same individual who will tell the consumer that the settlement has now been “approved” and they need to redo the transaction because the refund check has already been issued. This time the scammer will tell the consumer that there is an additional $200 document fee, and so they will need to withdraw $1,100. This process will repeat itself as many times as the consumer will allow it with different stories and excuses for why refunds will be issued and why new charges need to be taken from the Green Dot card. Needless to say, no refund checks are ever sent, and some consumers have been known to lose over $5,000 by the various transactions conducted through this scheme. In some instances, the consumer may be threatened by the caller, claiming that they will be turned over to the police with a warrant issued for their arrest for not paying their bills. The more the consumer protests, the more aggressive the threats become. In some instances the caller may call dozens of times everyday, harassing the consumer, without any threat of recourse due to his offshore location. The best strategy is to screen your calls and do not engage this person at all. His attention will soon go to other potential victims if his calls are not being taken.
There are likely several variations of this scam, and consumers, particularly those in debt whose personal information may have been accessed through Target last month, need to be aware of these types of transactions. In summary, consumers should be very cautious about engaging in any wire transfers, Green Dot transactions, or credit card transactions where debts are offering to be settled. In addition, personal checks, money orders, and cashier’s checks can easily be counterfeited, and should not be relied upon by a consumer. If ever you need to contact a creditor, or have been contacted by a creditor for purposes of settling a debt, the best approach is to get everything in writing with signed settlement documents and agreements prior to sending any funds. Seeking attorney representation in this instance is always a good idea.
The post first appeared on SEONewsWire.net.]]>The Obama administration hopes to make the Senate measure the heart of its immigration reform proposals. As such, the White House has been trying to make the case that the legislation would prove beneficial to work-related immigrants in the United States, particularly to those from India.
When he met with President Obama in September, Indian Prime Minister Manmohan Singh signaled his nation’s concern that Congress might restrict immigration from India, particularly that of Indian businesspeople and their capital. With India among the top 10 origins of immigrant entrepreneurs to the United States, it is not difficult to see why the prime minister brought up the issue.
But in throwing his weight behind the Senate-crafted immigration measure, Obama referenced the issue Singh raised (albeit without directly addressing the latter’s constituent concerns).
“The Senate bill would create new pathways for immigrant entrepreneurs and investors and make key improvements to the H-1B program,” reads a White House fact sheet.
Petitioners from India constitute a hefty 64 percent of all workers who come to the United States on H-1B visas, so the White House has also pointed out that the new Senate legislation would increase the number of available H-1B visas from 65,000 to 115,000 each year.
The White House has also emphasized that much-in-demand science, technology, engineering and mathematics doctoral and master’s degree graduates would be exempt from the annual 140,000 visa cap. This exemption for STEM graduates could prove significant to Indian students, as Indian immigrants constitute 56 percent of all immigrant students pursuing a master’s degree in computer science and engineering in the United States.
In addition, the White House has stressed the expanded business opportunities it foresees for foreign investors as a result of the Senate measure, which would bump the number of EB-5 visas up from 10,000 to 14,000 per year.
However, resistance to some of the Senate’s key proposals from domestic labor groups (among other interests) block any guarantee that the upper chamber’s measure will survive through the next session, much less emerge unchanged from the House of Representatives.
Still, the language from 1600 Pennsylvania Avenue remains supportive of the Senate measure.
“The Senate bill would eliminate the existing backlogs for employment-based green cards, exempt certain employment-based categories from the annual cap and remove annual country limitations altogether,” the White House said.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during February. 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 January 8th. 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 | 01JAN07 | 01JAN07 | 01JAN07 | 01OCT93 | 15AUG01 |
F2A |
08SEP13
|
08SEP13
|
08SEP13
|
01SEP13
|
08SEP13
|
F2B | 08JUL06 | 08JUL06 | 08JUL06 | 01MAY93 | 22MAY03 |
F3 | 15MAY03 | 15MAY03 | 15MAY03 | 01JUN93 | 08FEB93 |
F4 | 22OCT01 | 22OCT01 | 22OCT01 | 08NOV96 | 08AUG90 |
*NOTE: For February, 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
|
08JAN09 | 15NOV04 |
C
|
C
|
3rd |
01JUN12
|
01JUN12
|
01SEP03
|
01JUN12
|
15APR07
|
Other Workers |
01JUN12
|
01JUN12
|
01SEP03
|
01JUN12
|
15APR07
|
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 FEBRUARY
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 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 |
|
|||||||||
ASIA | 3,700 | ||||||||||
EUROPE | 16,700 | Except: Uzbekistan 13,900 | |||||||||
NORTH AMERICA (BAHAMAS) | 7 | ||||||||||
OCEANIA | 650 | ||||||||||
SOUTH AMERICA, and the CARIBBEAN | 850 |
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 MARCH
For March, 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 |
25,000
|
|
|||||||||
ASIA |
4,325
|
||||||||||
EUROPE |
20,050
|
Except: Uzbekistan 13,900 | |||||||||
NORTH AMERICA (BAHAMAS) |
8
|
||||||||||
OCEANIA |
800 |
||||||||||
SOUTH AMERICA, and the CARIBBEAN |
985
|
D. MEXICO VISA AVAILABILITY
MEXICO F2B: The level of demand during recent months has been extremely heavy, in particular for cases filed with the U.S. Citizenship and Immigration Services for adjustment of status processing. Therefore, it has been necessary to retrogress the February cut-off date to May 1, 1993 in an attempt to hold number use within the annual per-country limit. Further retrogression of this cut-off date cannot be ruled out.
MEXICO F2A: Continued heavy demand in the Mexico F2A category will require the retrogression of this cut-off date to hold number use within the annual numerical limit. Such action is likely to occur within the next few months.
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 February 2014 first appeared on SEONewsWire.net.]]>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.]]><!– Social Buttons Generated by Digg Digg plugin v5.3.0,
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Number 63
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 November 8th. 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 | 15NOV06 | 15NOV06 | 15NOV06 | 22SEP93 | 01JUL01 |
F2A |
08SEP13
|
08SEP13
|
08SEP13
|
01SEP13
|
08SEP13
|
F2B | 01MAY06 | 01MAY06 | 01MAY06 | 01APR94 | 22MAR03 |
F3 | 08MAR03 | 08MAR03 | 08MAR03 | 01JUN93 | 22JAN93 |
F4 | 08SEP01 | 08SEP01 | 08SEP01 | 22OCT96 | 01JUN90 |
*NOTE: For December, 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
|
08NOV08 | 15NOV04 |
C
|
C
|
3rd |
01OCT11
|
01OCT11
|
01SEP03
|
01OCT11
|
08JAN07
|
Other Workers |
01OCT11
|
01OCT11
|
01SEP03
|
01OCT11
|
08JAN07
|
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 DECEMBER
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 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 |
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 JANUARY
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
|
D. RETROGRESSION OF EMPLOYMENT CUT-OFF DATES
The India Employment Second and Third preference category cut-off dates were advanced very rapidly at the end of fiscal year 2013. Those movements were based strictly on the availability of thousands of “otherwise unused” numbers which could be made available without regard to the preference per-country annual limits.
The movements have resulted in a dramatic increase in the level of applicant demand received in recent months. This has required the retrogression of those cut-off dates for December in an effort to hold number use within the numerical limits.
E. VISA AVAILABILITY IN THE COMING MONTHS
FAMILY-sponsored categories (potential monthly movement)
Worldwide dates:
F1: Three to five weeks
F2A: No forward movement, the Mexico cut-off date is likely to retrogress
at some point
F2B: Three to five weeks
F3: Three to five weeks
F4: Two or three weeks
EMPLOYMENT-based categories (potential monthly movement)
Employment First: Current
Employment Second:
Worldwide: Current
China: Three to five weeks
India: No forward movement
Employment Third:
Worldwide: This cut-off date has been advanced extremely rapidly during the past seven months in an effort to generate new demand. As the rate of applicants who are able to have action on their cases finalized increases, it could have a significant impact on the cut-off date situation. The rapid forward movement of this cut-off date should not be expected to continue beyond February.
China: Expected to remain at the worldwide date
India: No forward movement
Mexico: Expected to remain at the worldwide date
Philippines: Three to six 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 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.
The post Visa Bulletin For December 2013 first appeared on SEONewsWire.net.]]>In an article for Bloomberg, H-1B critic Norman Matloff blames U.S. Sen. Charles Schumer, among others for what he calls the demonization of an ethnic group. Sen. Schumer had referred to Indian businesses as “chop shops.” That does not mean, argues Matloff, that he believes the IT industry offshore is in the clear; they often hire cheap labor. But, he says, India does not “abuse” the foreign worker system more than any other country within the technology industry.
If Congress does boost the current H-1B visa cap, as so many hope, there is a concern that U.S. tech workers will be at a greater disadvantage, battling against a theoretically flooded employment market. Lawmakers who oppose a raised cap say they want to protect U.S. high tech workers by restraining visa use by offshore firms.
But others argue that a continued tight cap on the number of H-1B visas as proposed by Sen. Schumer and others is just a way to hobble offshore outsourcing firms.
Outsourcing firms offshore are not required to disclose who makes up their workforce and how many employees are working with a visa status. And if a company is forced to change the percentage of visa-based workers due to an immigration bill, will they then increase their domestic U.S. workers and fill the gap left by the low number of allowed visa holders?
Will visa restrictions or a restriction that bars the largest H-1B employers from sending their visa holders to work at third-party sites push offshore outsourcing businesses to hire more domestic-based employees? There may be business acquisitions which work to increase the U.S. domestic workforce based in offshore firms, or other workarounds which will make the restrictions moot.
Some companies such as IBM may even see gains from these restrictions. IBM continues to be one of the largest IT employers of Indian workers. If visa restrictions simply raise the costs for competitors offshore, U.S.-based companies may grab more of the market –or they may simply expand their own overseas workforces.
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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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.]]>According to Sen. Orrin Hatch (R-Utah), more highly-skilled workers may be able to become employed in the U.S. in a shorter time frame – within a year. That could happen if immigration reform becomes a reality. Hatch joined a roundtable discussion on immigration reform, where he acknowledged that workers who travel to the U.S. for higher education degrees often want to stay in the U.S. and work at high tech and other high-skilled companies and in high tech industries, only to have to move back to their home countries due to visa restrictions.
Hatch said that there was an ongoing push to change outdated U.S. policies on high-tech immigration issues. Meanwhile, business leaders across the country have expressed their frustration attempting to hire more high-tech skilled workers for their firms.
Sen. Hatch has co-sponsored the Immigration Innovation Act of 2013. The Act hopes to raise the highly-skilled worker visa cap from 65,000 annually to 115,000 annually, though business leaders say even that is not a large enough number of visas for their job opportunities. The capped amount would have some flexibility, allowing for as many as 300,000 H-1B visas annually, if there is a proven need for that increase.
The visa expansion debate was part of larger immigration reform battle in Washington earlier this year. The Border Security, Economic Opportunity and Immigration Modernization Act was hammered out for months and finally passed this June in the Senate. It is currently still waiting for approval in the House. But House Republicans have been combing over the Act, taking apart the pieces they do not ant and attempting to stitch together their own version, which would put a greater emphasis on border patrols, specially the U.S. /Mexico border.
Senator Hatch stated that there was a sort of “de facto amnesty” currently at work – people are being employed if they are a good fit, regardless of their citizenship status. Hatch has stated that U.S. citizens are encouraged to contact their congressional representatives with support for immigration reform.
A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.
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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.]]>The bill does not allow the outplacement of H-1B visa holders who are more than 15 percent of a U.S. company’s workforce. The proportion of H-1B visas workers as well as L1 visa workers is also limited to 50 percent of a company’s total workforce as of fiscal year 2017, which starts in October of 2016. Large numbers of Indian-based employees are sent by their companies to work at U.S.-based client locations on H-1B or L1 temporary work visas. If the currently-drafted immigration bill is passed, firms in India will be forced to drastically cut down on the number of employees they can send abroad. The cut in workforce will adversely affect both Indian- and U.S.-work sectors. The CEO research director of Offshore Insights, Sudin Apte, estimates that his visa employees make up between 60 and 70 percent of U.S.-sent, offshore workers for the IT research and advisory firm. India-based companies have between 35 and 60 percent of their employees working on H-1B visas, which means the bill will dramatically affect how those firms can distribute their employees for clients.
India-based IT firms will likely have to employee far more U.S. residents, which will increase their own overhead for wages and benefits. Company heads also report that the bill also requires than they pay higher wages to H-1B visa holders and pay more for visa fees overall. Earnings for fiscal year 2017 could be between 60 and 120 basis points lower than previous years, and earnings-per-share could see as much as a 3-to-6 percent dip.
While Indian-based executives state they understand the need for U.S. immigration reform, the H-1B and L1 visa limitations will overwhelmingly affect the Indian ,marketplace like no other country which sends temporary visa workers to the country.
India has the largest applicants of H1B and L1 visas globally and currently has a 55 percent market share of the global IT outsourcing industry. The IT sector makes up approximately 4 percent of India’s GDP and the U.S. makes up close to 60 percent India’s software exports.
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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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.
The post Visa Bulletin for September 2013 first appeared on SEONewsWire.net.]]> Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during August. 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 July 8th. 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 | 01SEP06 | 01SEP06 | 01SEP06 | 01SEP93 | 01JAN01 |
F2A | C | C | C | C | C |
F2B | 01DEC05 | 01DEC05 | 01DEC05 | 01FEB94 | 22DEC02 |
F3 | 08DEC02 | 08DEC02 | 08DEC02 | 01MAY93 | 01DEC92 |
F4 | 22JUN01 | 22JUN01 | 22JUN01 | 22SEP96 | 08JAN90 |
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 | 01JAN08 | C | C |
3rd | 01JAN09 | 01JAN09 | 22JAN03 | 01JAN09 | 22OCT06 |
Other Workers | 01JAN09 | 22MAR04 | 22JAN03 | 01JAN09 | 22OCT06 |
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 AUGUST
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 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 |
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 SEPTEMBER
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 |
D. VISA AVAILABILITY
FAMILY-sponsored:
F2A: This category has become “Current” for August, and is expected to remain so for the next several months. This action has been taken in an effort to generate an increased level of demand. Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.
EMPLOYMENT-based:
India Second: This cut-off date has been advanced in an effort to fully utilize the numbers available under the overall Employment Second preference annual limit. It is expected that such movement will generate a significant amount of new India demand during the coming months.
These changes for the Family F2A, and India Employment Second preference categories reflect actions which have been taken based on current applicant demand patterns. Readers should expect that some type of “corrective” action will be required at some point during FY-2014 in an effort to maintain number use within the applicable annual limits. Such action would involve the establishment and retrogression of such cut-off dates, and could occur 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 August 2013 first appeared on SEONewsWire.net.]]>A new Senate immigration reform bill is poised to shift the U.S. immigration system to better help those immigrants who enter the country with an employment-based visa. According a senior policy analyst with the Migration Policy Institute, the employment-based immigration caps placed on other countries would be eliminated. Currently, no country can send more than 7 percent of their total visa allotment within a one-year period to the U.S. The limit for each country has been set at 7 percent of the total visas; the other 97 percent have been allotted as family visas, but that figure would be raised to 15 percent.
This limit has greatly hampered countries such as China and India who have large number of qualified immigrants, but who cannot get their U.S. visas because their country reaches the cap so quickly.
Under the new bill, that cap would be raised to 15 percent, which open the employment pathways for immigrants from China and India, but, as critics are quick to point out, that loss of a cap also means the U.S. may see a less diverse group of immigrants. Advocates say the cap may mean more employment immigrants from Mexico and the Philippines.
The bill will also allow some additional ways to gain employment-based “green cards,” including a merit-based visa. A merit-based visa would allow some workers in the U.S. on a temporary visa to become permanent residents and then citizens, based on a point system. Points are allotted for education, family, work history English-language fluency. The merit-based visa system would be put into place to clear the immigration backlog, and run for an estimated five years.
The program would then have 120,000 visas for new immigrants every year, evenly split between higher-skilled and lower-skilled workers, with a skill-specific point system. Higher-skilled workers would be allotted points for post-graduate education and entrepreneurship, while lesser-skilled workers would be allotted points for U.S.—based family and for the household’s primary caregiver. For both higher- and lower-skilled visas, points are heavily awarded for already being employed in the U.S. The merit-based system is designed to be able to expand, based in large part on the U.S. unemployment rate, with a cap of 250,000 visas per year.
A second tier of the merit-based program has also been proposed; it would help undocumented workers who have been employed in the U.S. for 10 years or more to transition to permanent status.
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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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.
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Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; 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 8th. 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 | 22APR06 | 22APR06 | 22APR06 | 15AUG93 | 01JAN00 |
F2A | 08JUN11 | 08JUN11 | 08JUN11 | 08MAY11 | 08JUN11 |
F2B | 08JUL05 | 08JUL05 | 08JUL05 | 15JUN93 | 01NOV02 |
F3 | 01SEP02 | 01SEP02 | 01SEP02 | 01APR93 | 15NOV92 |
F4 | 01MAY01 | 01MAY01 | 01MAY01 | 15SEP96 | 08NOV89 |
*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY11 and earlier than 08JUN11. (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 | 15JUL08 | 01SEP04 | C | C |
3rd | 01SEP08 | 01SEP08 | 08JAN03 | 01SEP08 | 22SEP06 |
Other Workers | 01SEP08 | 22OCT03 | 08JAN03 | 01SEP08 | 22SEP06 |
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 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-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 June, 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 | 56,000 | Except: Egypt 25,000 Ethiopia 36,000 Nigeria 17,000 |
ASIA | 8,900 | |
EUROPE | 31,000 | Except: Uzbekistan 15,800 |
NORTH AMERICA (BAHAMAS) | 3 | |
OCEANIA | 1,275 | |
SOUTH AMERICA, and the CARIBBEAN | 1,300 |
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 JULY
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 |
D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row. This recent movement of the dates is not indicative of what can be expected in the future. Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months. Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of 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.
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