Visa Bulletin for November 2002
United States Department of State
Bureau of
Consular Affairs
Visa Bulletin
Number 51
Volume
VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR NOVEMBER 2002
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers
during
November. 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 October 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.
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
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: 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.)
Priority Dates for Family Based Immigrant Visas
| All Chargeability Areas Except Those Listed | MEXICO | PHILIPPINES | |
| Family | |||
| 1st | 15MAR99 | 01JUN91 | 01FEB90 |
| 2A* | 15AUG97 | 01MAR95 | 15AUG97 |
| 2B | 01MAR94 | 22OCT91 | 01MAR94 |
| 3rd | 15NOV96 | 15AUG92 | 01NOV89 |
| 4th | 01NOV90 | 15AUG90 | 01NOV81 |
*NOTE: For October, 2A
numbers EXEMPT from per-country
limit are available to
applicants from all countries with priority dates
earlier than
01FEB95. 2A numbers SUBJECT to per-country limit
are available
to applicants chargeable to all countries EXCEPT
MEXICO with
priority dates beginning 01FEB95 and earlier than
15JUL97. (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.)
Priority Dates for Employment-Based Immigrant Visas
| All Chargeability Areas Except Those Listed | INDIA | MEXICO | PHILIPPINES | |
| Employment-Based | C | C | C | C |
| 1st | C | C | C | C |
| 2nd | C | C | C | C |
| 3rd | C | C | C | C |
| Other Workers | C | C | C | C |
| 4th | C | C | C | C |
| Certain Religious Workers | C | C | C | C |
| 5th | C | C | C | C |
| Targeted Employment Areas/Regional Centers | C | C | C | C |
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 a maximum of
up
to 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. The Nicaraguan and
Central American Relief Act (NCARA)
passed by Congress in November 1997
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 NCARA program. This reduction
has
resulted in the DV-2003 annual limit being reduced 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 November, immigrant numbers in the DV category are available to
qualified
DV-2003 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 Chargeability Areas Except Those Listed Separately
Region
AFRICA: AF 7,800
ASIA: AS 3,300
EUROPE: EU 14,000
NORTH AMERICA (BAHAMAS): NA 8
OCEANIA: OC 150 SOUTH AMERICA, and the CARIBBEAN: SA 475
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-2003 program ends as of
September 30, 2003. DV visas may not be
issued to DV-2003 applicants after that
date. Similarly, spouses and
children accompanying or following to join DV-2003
principals are only
entitled to derivative DV status until September 30, 2003. DV
visa
availability through the very end of FY-2003 cannot be taken for
granted.
Numbers could be exhausted prior to September 30. Once all
numbers provided
by law for the DV-2003 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 DECEMBER
For December, immigrant numbers in the DV category are available to
qualified
DV-2003 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 Chargeability Areas Except Those Listed Separately
Region
AFRICA: AF 9,800
ASIA: AS 4,075
EUROPE: EU 15,850
NORTH AMERICA (BAHAMAS): NA 10
OCEANIA: OC 200
SOUTH AMERICA, and the CARIBBEAN: SA 625
D. VISA AVAILABILITY DURING FISCAL YEAR 2003
The cut-off date movement during recent months in most
Family-sponsored
immigrant categories has been much greater than might
ordinarily be expected. It
should be noted that these rates of cut-off
date advances cannot be expected to
continue indefinitely. It has been
our experience that a significant increase in
demand usually follows
such rapid movement in the cut-off dates. Heavier demand
for numbers in
the coming year, especially from the Immigration and
Naturalization
Service for adjustment of status cases, could limit or end movement
in
some or all of the cut-off dates.
F. 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
1522 to have each Bulletin FAXed.
To be placed on the Department of State’s E-mail subscription list for the
Visa
Bulletin, please provide your E-mail information to the
following E-mail address:
E. 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
1522 to have each Bulletin
FAXed.
To be placed on the Department of State's e-mail subscription list for the
Visa
Bulletin, please provide your e-mail information to the
following e-mail address:
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
normally updated
by the middle of each month with information on
cut-off dates for the following
month.
The Visa Bulletin can also be contacted by e-mail at the following address:
Department of State Publication 9514
CA/VO: October 8, 2002