Federal Agencies, Visa Bulletins
Visa Bulletin for October 1995
8/8/95
AILA Doc. No. 95080859.
Adjustment of Status, Business Immigration, Consular Processing, Family Immigration, Family-Based Immigrants
IMMIGRANT NUMBERS FOR OCTOBER 1995
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 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 empolyment-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., a minimum of 25,620. The dependent area limit is
set at 2%, or a minimum of 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 300 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: 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 C C C 01APR95 15JAN86
2A* 01JUL92 01JUL92 01JUL92 22FEB92 01JUL92
2B 01JUN90 01JUN90 01JUN90 01JUN90 01JUN90
3rd 01MAR93 01MAR93 01MAR93 08JUL87 01MAR84
4th 22AUG85 22AUG85 15APR84 01NOV84 15SEP77
*NOTE: For OCTOBER, 2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates
earlier than 22FEB92. 2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 22FEB92 and earlier than 01JUL92.
(2A numbers subject to per-country limit are "unavailable" for
applicants chargeable to MEXICO.) (The three-year transition
program which had provided additional visas for spouses/children
of legalization beneficiaries has ended; petitions approved on
behalf of such spouses/children continue to accord them status in
the Family 2A preference, however.)
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 01MAY94
Other 01MAR91 01MAR91 01MAR91 01MAR91 01MAR91
Workers
4th C C C C 02DEC93
Certain C C C C 02DEC93
Religious Workers
5th C C C C C
Targeted C C 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: (area code
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
55,000 immigrant visas each fiscal year (beginning with FY-1995)
to provide 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 3,850 visas (7% of the 55,000 visa limit)
may be provided to immigrants from any one country.
The allotment of FY-1996 visa numbers for each region is as
follows: Africa, 20,426; Asia, 7,087; Europe, 24,257; North
America (Bahamas), 8; South America, Central America, and the
Caribbean, 2,407; and Oceania, 815.
For October, immigrant numbers in the DV category are available
to qualified applicants chargeable to all regions/eligible
countries on a "CURRENT" basis.
(NOTE: All regions/countries will be "Current" for November and
December as well. It remains to be seen if applicant demand will
increase sufficiently to require oversubscription of any
region/country for a subsequent month.)
C. DV-96 LOTTERY RESULTS
Further to item E in Visa Bulletin No. 54, the total of
applicants registered for the DV-96 program chargeable to
Venezuela is 190. Two persons had been listed for Colombia,
which is not a qualified country for the DV-96 program; those
applicants were actually entitled to Venezuela chargeability
through spouse and should have been included in the Venezuela
figure.
D. NOTE ON FY-96 PREFERENCE IMMIGRANT VISA NUMBER AVAILABILITY
INS use of visa numbers, particularly in the Family 2A and the
"Other Workers" categories, is increasing dramatically in
consequence of many adjustment of status applications filed under
INA 245(i). In the months ahead, INS number use is expected to
be very heavy. As a result, there will be limited movement of
some preference cut-off dates during FY-96.
Mexico Family First preference is oversubscribed for October and
this cut-off date is not likely to advance in the foresseable
future.
As demand for visa numbers increases, the prospect of cut-off
date retrogression in certain categories also increases.
Retrogression is not likely in the early months of the fiscal
(visa) year, but interested parties should remain alert to the
possibility as the year proceeds.
E. RECENT AMENDMENTS TO THE VISA PORTION OF THE FOREIGN AFFAIRS
MANUAL (FAM)
Transmittal Letters VISA-109A dated August 9, 1995, and VISA-120
dated August 25, 1995, which update the visa portion (Vol. 9) of
the FAM, are now available.
VISA-109A corrects errors which were contained in 9 FAM, Part II,
Section 41.111 Procedural Notes issued under VISA-109. VISA-120
updates 9 FAM, Part I, Section 41.21 Exhibit I, adding four new
International Organizations designated by Executive Order 12904.
There is a charge of $.75 per copy of VISA-109A, and $1.00 per
copy of VISA-120. A check payable to the Department of State
must accompany the order. These TLs 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 now offers the monthly "Visa Bulletin"
on the INTERNET. The INTERNET address to access the Bulletin is
DOSFAN.LIB.UIC.EDU. From the gopher menu, select Travel
Information and you will find the Visa Bulletin in the Bureau of
Consular Affairs section.
In addition to the INTERNET, the "Visa Bulletin" can be accessed
and downloaded from the Consular Affairs electronic bulletin
board. Those with a computer and modem should dial (202)
647-9225. No password or special software are required.
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 the Bulletin faxed to you.
To be placed on the Department of State's Visa Bulletin mailing
list, please write to: Visa Bulletin, Visa Office, Department of
State, Washington, D.C. 20522-0113. 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.)
Department of State Publication 9514
CA/VO:August 8, 1995
© 1999, American Immigration Lawyers Association