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.
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.]]>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.]]>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 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.]]>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 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.]]>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.]]>