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Visa Bulletin for October 1998

Cite as "AILA InfoNet Doc. No. 98091057 (posted Sep. 10, 1998)"

United States Department of State
Bureau of Consular Affairs

VISA BULLETIN Number 92
Volume VII
Washington, D.C.

IMMIGRANT NUMBERS FOR OCTOBER 1998

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 9th 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 earlier than 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.

1. 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 3,000 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: CHINA-mainland born, 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	  CHINA-   

	          Except Those	  mainland    

	          Listed	  born	   INDIA    MEXICO    PHILIPPINES

Family



1st               01JUL97	 01JUL97  01JUL97   01AUG93	22MAR87



2A*               01APR94	 01APR94  01APR94   08APR93	01APR94



2B                22JAN92	 22JAN92  22JAN92   01JUL91	22JAN92



3rd               22MAR95	 22MAR95  22MAR95   08FEB90	08MAR87



4th               22MAR88	 22MAR88  01APR86   01SEP87	01JUL78

*NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08APR93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08APR93 and earlier than 01APR94. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)


	          All Charge-

	          ability Areas	  CHINA-   

	          Except Those	  mainland    

	          Listed	  born	    INDIA    MEXICO   PHILIPPINES

Employment-

  Based



1st                    C	  01NOV97     C	       C	   C   



2nd                    C	  15MAY96  22MAY97     C	   C 



3rd                    C	  08SEP94  22DEC95     C	   C   



  Other             15FEB92	  15FEB92  15FEB92  15FEB92	15FEB92

    Workers



4th                    C	     C	      C	       C	   C



  Certain              C	     C	      C	       C 	   C   

    Religious				  

    Workers



5th                    C          01SEP97     C        C	   C 



  Targeted Employ-     C          01SEP97     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 50,000 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 3,500 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country.

For October, immigrant numbers in the DV category are available to qualified DV-99 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:

	         All DV Charge-

                 ability Areas

                 Except Those

  Region         Listed Separately

 

  AFRICA              AF 5,780        



  ASIA                AS 1,312

 

  EUROPE              EU 5,351      EXCEPT:	ALBANIA  EU 2,090

	                                                 

  NORTH AMERICA       NA    10

   (BAHAMAS)

 

  OCEANIA             OC   173  

 

  SOUTH AMERICA,      SA 1,235

    CENTRAL AMERICA,

    and the CARIBBEAN

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-99 program ends as of September 30, 1999. DV visas may not be issued to DV-99 applicants after that date. Similarly, spouses and children accompanying or following to join DV-99 principals are only entitled to derivative DV status until September 30, 1999. DV visa availability through the very end of FY-1999 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-99 program have been used, no further issuances will be possible.

C. ESTABLISHMENT OF A CUT-OFF DATE FOR THE CHINA-MAINLAND BORN EMPLOYMENT FIFTH (INVESTOR)PREFERENCE CATEGORY

A cut-off date has been established for the CHINA-mainland born Employment Fifth preference category. No projection of possible cut-off date movement is possible at this time, since visa number availability in this category will depend on the extent to which numbers unused by other categories fall to the Employment Fifth preference.

D. RECENT AMENDMENT TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL (FAM)

The following Transmittal Letter (TL), which updates the visa portion (Vol. 9) of the FAM, is now available:

VISA-178, dated August 17, 1998, Part IV, Appendix C for: Albania; Algeria; Andorra; Anguilla; Antigua and Barbuda; Australia; Barbados; Belgium; Brunei; Bulgaria; Canada; Cape Verde; Congo; Dominican Republic; Estonia; Gabon; Marshall Islands; Mexico; Russian Federation; South Africa; Turkey, and Zambia. Cost $33.50.

A check payable to the Department of State must accompany the order. This TL may be obtained from:

Distribution Services (OIS/PS/PR)
Room B847 A
Department of State
Washington, D.C. 20520

OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of Consular Affairs offers the monthly Visa Bulletin on the Internet's Worldwide Web. The Internet web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the Visa section which contains the Visa Bulletin.

Individuals may also obtain the Visa Bulletin by fax. From a fax phone, dial (202) 647-3000. Follow the prompts and enter in the code 1038 to have each Bulletin faxed.

(The Department of State also has available a recorded message with visa cut-off dates which can be heard at (202) 663-1541. The recording is updated in the middle of each month with information on cut-off dates for the following month.)

To be placed on the Department of State's Visa Bulletin mailing list or to change an address, please write to:

Visa Bulletin
Visa Office
Department of State
Washington, D.C. 20522-0106

Only addresses within the U.S. postal system may be placed on the mailing list. Please include a recent mailing label when reporting changes or corrections of address; the Postal Service does NOT automatically notify the Visa Office of address changes. (Obtaining the Visa Bulletin by mail is a much slower option than any of the alternatives mentioned above.)

The Visa Bulletin can also be contacted by E-mail at the following address:

VISABULLET@SA1WPOA.US-STATE.GOV

(The Visa Bulletin is not distributed by E-mail, however.)

Department of State Publication 9514
CA/VO:September 9, 1998

 
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