Visa Bulletin
Number 80
Volume VIII
Washington, D.C.
VISA BULLETIN FOR APRIL 2005
IMMIGRANT NUMBERS FOR APRIL 2005
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April . Consular officers are required to report
to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and
Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were
made, to the extent possible under the numerical limitations, for the demand received by March 9th 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.)
|
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIP-PINES |
Family
|
|
|
|
|
|
1st
|
15MAR01 |
15MAR01 |
15MAR01 |
22OCT94 |
15DEC90 |
2A* |
08JAN01 |
08JAN01 |
08JAN01 |
15JAN98 |
08JAN01 |
2B |
15OCT95 |
15OCT95 |
15OCT95 |
15MAR92 |
15OCT95 |
3rd
|
22JAN98 |
22JAN98 |
22JAN98 |
08APR95 |
01AUG90 |
4th
|
15MAY93 |
15MAY93 |
08SEP92 |
15MAY93 |
22NOV82 |
*NOTE: For April, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates
earlier than 15JAN98. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 15JAN98 and earlier than 08JAN01. (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 Chargeability Areas Except Those Listed |
CH |
IN |
ME |
PH |
Employment-Based
|
|
|
|
|
|
1st
|
C |
C |
C |
C |
C |
2nd
|
C |
C |
C |
C |
C |
3rd
|
C |
01APR02 |
01APR02 |
C |
01APR02 |
Other Workers |
01JUL01 |
01JUL01 |
01JUL01 |
01JUL01 |
01JUL01 |
4th
|
C |
C |
C |
C |
C |
Certain Religious Workers |
C |
C |
C |
C |
C |
5th
|
C |
C |
C |
C |
C |
Targeted Employment Areas/Regional Centers |
C |
C |
C |
C |
C |
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 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 (NACARA) 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 NACARA program. This reduction has resulted in the DV-2005 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 April , immigrant numbers in the DV category are available to qualified DV-2005 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:
Region |
All DV Chargeability Areas Except Those Region Listed Separately |
|
|
AFRICA
|
AF |
25,100 |
Except: Nigeria 19,700 |
ASIA
|
AS |
7,000 |
Except: Bangladesh 5,300 |
EUROPE
|
EU |
18,200 |
|
NORTH AMERICA (BAHAMAS)
|
NA |
13 |
|
OCEANIA
|
OC |
775 |
|
SOUTH AMERICA, and the CARIBBEAN
|
SA |
1,450 |
|
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-2005 program ends as of September
30, 2005. DV visas may not be issued to DV-2005 applicants after that date. Similarly, spouses and children accompanying or
following to join DV-2005 principals are only entitled to derivative DV status until September 30, 2005. DV visa availability
through the very end of FY-2005 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-2005 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 MAY
For May , immigrant numbers in the DV category are available to qualified DV-2005 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:
Region |
All DV Chargeability Areas Except Those Region Listed Separately |
|
|
AFRICA
|
AF |
27,700 |
Except: Nigeria 21,300 |
ASIA
|
AS |
7,250 |
Except: Bangladesh 5,400 |
EUROPE
|
EU |
20,000 |
|
NORTH AMERICA (BAHAMAS)
|
NA |
13 |
|
OCEANIA
|
OC |
900 |
|
SOUTH AMERICA, and the CARIBBEAN
|
SA |
1,600 |
|
D. DIVERSITY VISA LOTTERY 2006 (DV-2006) NOTIFICATION
The Kentucky Consular Center in Williamsburg, Kentucky is responsible for the notification of winners of the DV-2006 diversity
lottery. It is not expected that the notification process will begin until sometime in May. Therefore, persons who applied
for the DV-2006 lottery should not expect any type of response based on their application before that time. This Visa Bulletin
will provide an official announcement when the notification letters have been sent to all winners.
Department of State Publication 9514 CA/VO:March 9, 2005
|