March Visa Bulletin Summary:
Family 1st – World numbers, China and India advanced 1 month to 01 February 07; Mexico moved forward 2 weeks to 15 October 93; the Philippines remains stalled at 15 August 01.
Family 2A – China, India, and the Philippines remain stalled at 08 September 13. Mexico regressed 4 months and 2 weeks to 15 April 12.
Family 2B – World numbers, China and India moved 2 months to 01 September 06; Mexico remains stalled at 01 May 93; the Philippines advanced 3 weeks to 08 June 03.
Family 3rd – World numbers, China and India moved forward one month to 15 June 03; Mexico progressed 1 week to 08 June 93; the Philippines moved forward 1 week to 15 June 03.
Family 4th – World numbers, China and India moved forward 3 weeks 3 days to 08 November 01; Mexico advanced 1 week to 15 November 96; the Philippines advanced 3 weeks 2 days to 01 September 90.
Employment 1st – Still current in all categories.
Employment 2nd – World numbers, China advanced 1 month to 1 week 15 February 09; India remains stalled at 15 November 04; Mexico and the Philippines are still current.
Employment 3rd – World numbers, China progressed 3 months to 01 September 12; India progressed 2 weeks to 15 September 03; Mexico advanced 3 months to 01 September 12; the Philippines moved forward 2 weeks 2 days to 01 May 07.
Employment 3rd Other Workers – World numbers, China progressed 3 months to 01 September 12; India remains advanced 2 weeks to 15 September 03; Mexico advanced 3 months to 01 September 12; the Philippines moved forward 2 weeks 2 days to 01 May 07.
Employment 4th – Still current in all categories.
Certain Religious Workers – Still current in all categories.
Employment 5th – Still current in all categories.
Number 66
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers duringMarch. 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 EmploymentAreas/ 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.
F. REDESIGNED WEBSITE – www.travel.state.gov
The www.travel.state.gov website has been redesigned and reorganized. The Visa Bulletin is now found under “Law and Policy” in the visas section of the website. Visitors to the website have several ways to access the Visa Bulletin.
From the www.travel.state.gov homepage:
- Click on the link for usvisas.state.gov, located on the upper right side of the main graphic, or the link named “U.S. Visas” located at the bottom of the page. These links will take visitors to the visas section of the website.
- Once in the visas section of the website, visitors should scroll down the page to the “We Want You to Know” section.
- Click on the icon titled “Check the Visa Bulletin” or click on the link for the Visa Bulletin in the Law and Policy box.
- Alternately, once in the visas section of the website, visitors can point the mouse over the “Immigrate” icon located along the top of the page. A drop down menu will appear with a link to the Visa Bulletin.
The direct web address to the Visa Bulletin is:http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin.html.
G. OBTAINING THE MONTHLY VISA BULLETIN
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:
and in the message body type:
Subscribe Visa-Bulletin
(example: Subscribe Visa-Bulletin)
To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 10th of each month with information on cut-off dates for the following month.
Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO: February 7, 2014
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.