Visa Bulletin for October 2001
United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
Number 37
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR OCTOBER 2001
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 7th 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: 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.)
Priority Dates for Family Based Immigrant Visas
All Chargeability Areas Except Those Listed | INDIA | MEXICO | PHILIPPINES | |
Family | ||||
1st | 01MAR99 | 01MAR99 | 22APR94 | 22MAY88 |
2A* | 22SEP96 | 22SEP96 | 22OCT94 | 22SEP96 |
2B | 22JUN93 | 22JUN93 | 22OCT91 | 22JUN93 |
3rd | 08MAY96 | 08MAY96 | 01JUL92 | 08DEC87 |
4th | 08OCT89 | 15JUL88 | 08OCT89 | 01OCT79 |
*NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22OCT94. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22OCT94 and earlier than 22SEP96. (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 | ||||
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-2001 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 October, immigrant numbers in the DV category are available to qualified
DV-2002 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 Current
ASIA: AS Current
EUROPE: EU Current Except: Albania EU 16,424*
NORTH AMERICA (BAHAMAS): NA Current
OCEANIA: OC Current
SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN: SA Current
*Note: The Albania September cut-off has been amended from that originally
provided in Visa Bulletin number 34.
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-2001 program ends
as of September 30, 2001. DV visas may not be issued to DV-2001 applicants after
that date. Similarly, spouses and children accompanying or following to join
DV-2001 principals are only entitled to derivative DV status until September 30,
2001. DV visa availability through the very end of FY-2001 cannot be taken for
granted. Numbers could be exhausted prior to September 30. Once all numbers
provided by law for the DV-2001 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 OCTOBER
For October, immigrant numbers in the DV category are available to qualified
DV-2002 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 5,300
ASIA: AS 1,887
EUROPE: EU 4,250 Except: Albania EU 2,725
NORTH AMERICA (BAHAMAS): NA 8
OCEANIA: OC 146
SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN: SA 550
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-2002 program ends
as of September 30, 2002. DV visas may not be issued to DV-2002 applicants after
that date. Similarly, spouses and children accompanying or following to join
DV-2002 principals are only entitled to derivative DV status until September 30,
2001. DV visa availability through the very end of FY-2002 cannot be taken for
granted. Numbers could be exhausted prior to September 30. Once all numbers
provided by law for the DV-2002 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 NOVEMBER
For November, immigrant numbers in the DV category are available to qualified
DV-2002 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 5,702
ASIA: AS 2,070 Except: Bangladesh 1,887
EUROPE: EU 4,900 Except: Albania EU 4,700
NORTH AMERICA (BAHAMAS): NA 8
OCEANIA: OC 152
SOUTH AMERICA, and the CARIBBEAN: SA 576
D. VISA AVAILABILITY IN THE FAMILY-SPONSORED CATEGORIES DURING THE COMING MONTHS
Little or no forward movement in the Family-sponsored categories is expected in
the foreseeable future.
E. CHINA-MAINLAND BORN CUT-OFF DATES
China-mainland born is no longer considered to be "oversubscribed", since the
cut-off dates listed in the "All chargeability areas except those listed" column
apply in all visa categories. Therefore, the China-mainland born listing has
been dropped from this cable and the monthly Visa Bulletin
Department of State Publication 9514
CA/VO: September 7, 2001