Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 99081158 | Dated August 11, 1999
VISA BULLETINNumber 10
IMMIGRANT NUMBERS FOR SEPTEMBER 1999
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarilyqualified applicants for numerically limited visas; the Immigration andNaturalization Service reports applicants for adjustment of status. Allocations weremade, to the extent possible under the numerical limitations, for the demand receivedby August 9th in the chronological order of the reported priority dates. If thedemand could not be satisfied within the statutory or regulatory limits, the categoryor 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 applicantwho could not be reached within the numerical limits. Only applicants who have apriority date earlier than the cut-off date may be allotted a number. Immediatelythat 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 datefalls within the new cut-off date.
2. The fiscal year 1999 limit for family-sponsored preference immigrants determinedin accordance with Section 201 of the Immigration and Nationality Act (INA) is226,000. The fiscal year 1999 limit for employment-based preference immigrantscalculated under INA 201 is 160,898. Section 202 prescribes that the per-countrylimit for preference immigrants is set at 7% of the total annual family-sponsored andemployment-based preference limits, i.e., 27,083 for FY-1999. The dependent area limit is set at 2%, or 7,738.
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 which75% 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 not requiredby first three preferences.
First: Priority Workers: 28.6% of the worldwide employment-based preferencelevel, 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, plusany 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 than10,000 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 childrenof preference immigrants are entitled to the same status, and the same order ofconsideration, if accompanying or following to join the principal. The visaprorating provisions of Section 202(e) apply to allocations for a foreign state ordependent area when visa demand exceeds the per-country limit. These provisionsapply 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 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.)
PREFERENCE All Charge- ability Areas Except Those Listed INDIA MEXICO PHILIPPINES Family 1st 08JUN98 08JUN98 22SEP93 22JAN88 2A* 08MAY95 08MAY95 01MAY94 08MAY95 2B 15SEP92 15SEP92 15AUG91 15SEP92 3rd 08AUG95 08AUG95 15MAR91 15OCT87 4th 01AUG88 08DEC86 01AUG88 01JUL79*NOTE: For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY94. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAY94 and earlier than 08MAY95. (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 C C C C 2nd C C C C C 3rd C C C C C Other 15APR93 15APR93 15APR93 15APR93 15APR93 Workers 4th C C C C C Certain C C C C C Religious Workers 5th C C C C C Targeted Employ- C C C C C ment Areas/ Regional Centers
The Department of State has available a recorded message with visa availabilityinformation which can be heard at (202) 663-1541. This recording will be updated inthe 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 immigrantvisas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the UnitedStates. DV visas are divided among six geographic regions. Not more than 3,850visas (7% of the 55,000 visa limit) may be provided to immigrants from any onecountry.
For September, immigrant numbers in the DV category are available to qualified DV-99applicants chargeable to all regions/eligible countries as follows:
All DV Charge- ability Areas Except Those Region Listed Separately AFRICA Current ASIA Current EUROPE Current NORTH AMERICA Current (BAHAMAS) OCEANIA Current SOUTH AMERICA, Current CENTRAL AMERICA, and the CARIBBEAN
Entitlement to immigrant status in the DV category lasts only through the end of thefiscal (visa) year for which the applicant is selected in the lottery. The year ofentitlement for all applicants registered for the DV-99 program ends as of September30, 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 principalsare only entitled to derivative DV status until September 30, 1999. DV visaavailability through the very end of FY-1999 cannot be taken for granted. Numberscould be exhausted prior to September 30. Once all numbers provided by law for theDV-99 program have been used, no further issuances will be possible.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICHWILL APPLY IN OCTOBER AND NOVEMBER FOR THE DV-2000 PROGRAM
For October, immigrant numbers in the DV category are available to qualified DV-2000applicants chargeable to all regions/eligible countries as follows. When anallocation cut-off number is shown, visas are available only for applicants with DVregional lottery rank numbers BELOW the specified allocation cut-off number:
All DV Charge- ability Areas Except Those Region Listed Separately AFRICA AF 12,001 ASIA AS 4,201 EUROPE EU 14,016 NORTH AMERICA NA 10 (BAHAMAS) OCEANIA OC 738 SOUTH AMERICA, SA 1,200 CENTRAL AMERICA, and the CARIBBEAN
For November, immigrant numbers in the DV category are available to qualified DV-2000 applicants chargeable to all regions/eligible countries as follows. When anallocation cut-off number is shown, visas are available only for applicants with DVregional lottery rank numbers BELOW the specified allocation cut-off number:
All DV Charge- ability Areas Except Those Region Listed Separately AFRICA AF 12,704 ASIA AS 4,940 EUROPE EU 14,200 Except: Albania EU 4,501 NORTH AMERICA NA 15 (BAHAMAS) OCEANIA OC 753 SOUTH AMERICA, SA 1,650 CENTRAL AMERICA, and the CARIBBEAN
OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of ConsularAffairs offers the monthly Visa Bulletin on the Internet's World Wide Web. TheInternet 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 with visa cut-offdates which can be heard at (202) 663-1541. The recording is updated in the middleof 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 anaddress, 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:August 9, 1999
Cite as AILA Doc. No. 99081158.