A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during October.
Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Immigration and Naturalization Service reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by September 8th in the chronological order of the reported priority dates.
If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.
The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date <b>earlier than</b> the cut-off date may be allotted a number.
Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 300 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
PREFERENCES All Charge- ability Areas Except Those Listed INDIA MEXICO PHILIPPINES Family 1st 01JAN95 01JAN95 01APR93 26SEP86 2A* 08JUN93 08JUN93 01SEP92 08JUN93 2B 22MAY91 22MAY91 01MAY91 22MAY91 3rd 08APR94 08APR94 15NOV88 01MAY86 4th 01MAR87 15JUN85 08SEP86 01MAR78
*NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP92. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP92 and earlier than 08JUN93. (2A numbers subject to per-country limit are “unavailable” for applicants chargeable to MEXICO.)
All Charge- ability Areas Except Those Listed INDIA MEXICO PHILIPPINES Employment- Based 1st C C C C 2nd C 01DEC95 C C 3rd C 08DEC95 C C Other 01JAN90 01JAN90 01JAN90 01JAN90 Workers 4th C C C C 5th C C C C Targeted Employ- C C C C ment Areas/ Regional Centers
The Department of State has available a recorded message with visa availability information which can be heard at (202)663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. DV visas are divided among six geographic regions. Not more than 3,850 visas (7% of the 55,000 visa limit) may be provided to immigrants from any one country.
For October, immigrant numbers in the DV category are available to qualified
applicants chargeable to all regions/eligible countries on a “CURRENT” basis.
(NOTE: All regions/countries will be “Current” for November and December as well. Applicant demand is likely to increase sufficiently to require the establishment of visa allocation cut-offs for some regions/countries for later months, however.)
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-98 program ends as of September 30, 1998. DV visas may not be issued to DV-98 applicants after that date.
Similarly, spouses and children accompanying or following to join DV-98 principals are only entitled to derivative DV status until September 30, 1998. DV visa availability through the very end of FY-1998 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-98 program have been used, no further issuances will be possible.
C. RETROGRESSION OF THE MEXICO FAMILY FIRST CUT-OFF DATE
Continued heavy applicant demand for MEXICO Family First preference numbers has required the retrogression of that cut-off date for October. A further
retrogression of the cut-off date for November cannot be ruled out.
D. CHINA-MAINLAND BORN AND INDIA EMPLOYMENT PREFERENCE AVAILABILITY
In recent weeks, INS has used very large amounts of Employment preference visa numbers for adjustment of status cases for CHINA-mainland born and INDIA Employment preference applicants If visa number use continues at the current heavy level the CHINA-mainland born chargeability may become oversubscribed as early as November, with visa cut-off dates required for some or all of the Employment FIRST, SECOND, and THIRD preference categories.
The INDIA Employment Second preference category has become oversubscribed for October with a cut-off date of 01DEC95. The establishment of a cut-off date for the INDIA Employment First preference at some future point cannot be ruled out. A retrogression of the INDIA Employment Second and Third preference cut-off dates during the coming months is also possible, if the current heavy demand for visa numbers continues.
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