Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 99041459 | Dated April 14, 1999
IMMIGRANT NUMBERS FOR MAY 1999
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; 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 April 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 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 annualemployment-based preference immigrants is at least 140,000. Section 202 prescribesthat the per-country limit for preference immigrants is set at 7% of the total annualfamily-sponsored and employment-based preference limits, i.e., 25,620. The dependentarea limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrantvisas as follows:
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers notrequired 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 familypreference 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 overallsecond preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not requiredby first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers notrequired by first three 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 ofExceptional 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 worldwidelevel, 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 ofwhich reserved for investors in a targeted rural or high-unemployment area, and3,000 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-basedpreference visas be issued to eligible immigrants in the order in which a petitionin 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 visademand exceeds the per-country limit. These provisions apply atpresent 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 classis oversubscribed (see paragraph 1); "C" means current, i.e., numbers are availablefor all qualified applicants; and "U" means unavailable, i.e., no numbers areavailable. (NOTE: Numbers are available only for applicants whose priority date isearlier than the cut-off date listed below.)
All Charge- ability Areas CHINA- Except Those mainland Listed born INDIA MEXICO PHILIPPINES Family 1st 01JAN98 01JAN98 01JAN98 01AUG93 01AUG87 2A* 01NOV94 01NOV94 01NOV94 01OCT93 01NOV94 2B 15JUN92 15JUN92 15JUN92 22JUL91 15JUN92 3rd 22JUL95 22JUL95 22JUL95 01OCT90 08JUN87 4th 08JUL88 08JUL88 01AUG86 08MAR88 08DEC78
*NOTE: For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01OCT93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01OCT93 and earlier than 01NOV94. (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 15APR98 C C C 2nd C 01FEB97 22NOV97 C C 3rd C 15APR95 01APR96 C C Other 15SEP92 15SEP92 15SEP92 15SEP92 15SEP92 Workers 4th C C C C C Certain C C C C C Religious Workers 5th C 01SEP98 C C C Targeted C 01SEP98 C C C Employment 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 May, 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 Listed Separately Region AFRICA AF 30,351 ASIA AS 8,510 EXCEPT: BANGLADESH AS 7,140 EUROPE EU 18,700 EXCEPT: ALBANIA EU 13,290 NORTH AMERICA NA 24 (BAHAMAS) OCEANIA OC 845 SOUTH AMERICA, SA 2,460 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. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE AND JULY
For June, immigrant numbers in the DV category are available to qualified DV-99 applicants chargeable to all regions/eligible countries as follows:
All DV Charge- ability Areas Except Those Region Listed Separately AFRICA AF 33,500 ASIA AS 10,000 EUROPE EU 20,460 EXCEPT: ALBANIA EU 16,290 NORTH AMERICA NA 24 (BAHAMAS) OCEANIA OC 950 SOUTH AMERICA, SA 2,600 CENTRAL AMERICA, and the CARIBBEAN
For July, immigrant numbers in the DV category are available to qualified DV-99 applicants chargeable to all regions/eligible countries as follows:
All DV Charge- ability Areas Except Those Region Listed Separately AFRICA AF 38,180 ASIA AS 11,970 EUROPE EU 22,340 EXCEPT: ALBANIA EU 18,900 NORTH AMERICA NA 24 (BAHAMAS) OCEANIA OC 1,012 SOUTH AMERICA, SA 2,850 CENTRAL AMERICA, and the CARIBBEAN
D. RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS MANUAL (FAM)
The following Transmittal Letters (TLs), which update the visa portion (Vol. 9) ofthe FAM, are now available:
VISA-185, dated February 26, 1999, which updates Parts 40, 41, 42 and Appendices.
VISA-186, dated March 25, 1999, which updates 41.102 Notes and Appendix N, 300.
VISA-187, dated March 30, 1999, which updates 40.41 Exhibit I; 41.2 Regs/Statutes and Notes; and 41.105 Regs/Statutes. Cost $4.50.
A check payable to the Department of State must accompany the order. These TLs maybe 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:
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 Bulletinfaxed.
(The Department of State also has available a recorded message withvisa cut-off dates which can be heard at (202) 663-1541. Therecording is updated in the middle of each month with information oncut-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:
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 ofaddress; the Postal Service does NOT automatically notify the Visa Office of addresschanges. (Obtaining the Visa Bulletin by mail is a much slower option than any ofthe alternatives mentioned above.)
The Visa Bulletin can also be contacted by e-mail at the following address:
(The Visa Bulletin is not distributed by e-mail, however.)
Department of State Publication 9514
CA/VO:April 8, 1999
© 1999, American Immigration Lawyers Association
Cite as AILA Doc. No. 99041459.