1. This bulletin summarizes the availability of immigrant numbers during August. 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 July 12th 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. The fiscal year 2000 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 294,601. The fiscal year 2000 limit for employment-based preference immigrants calculated under INA 201 is 142,299. 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., 30,583 for FY-2000. The dependent area limit is set at 2%, or 8,738.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

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.

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.)

*NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP94. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP94 and earlier than 01APR96. (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.)

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.

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-2000 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 August, immigrant numbers in the DV category are available to qualified DV-2000 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:

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-2000 program ends as of September 30, 2000. DV visas may not be issued to DV-2000 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2000 principals are only entitled to derivative DV status until September 30, 2000. DV visa availability through the very end of FY-2000 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-2000 program have been used, no further issuances will be possible.

For September, immigrant numbers in the DV category are available to qualified DV-2000 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:

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER FOR THE DV-2001 PROGRAM

For October, immigrant numbers in the DV category are available to qualified DV-2001 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:

D. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by the Immigration and Naturalization Service (INS) regarding the number of immediate relative adjustments in the proceeding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second proceeding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for INS to provide the data, the Visa Office (VO) has always based allocations on the minimum annual limits outlined in Section 201 of the INA. On July 12th, INS formally provided the required data to VO, and the figures were much lower than expected. This has resulted in the annual limit for the Family-sponsored categories being raised from 226,000 to 294,601.

In an effort to make use of as many numbers as possible, VO has advanced significantly many of the Family-sponsored category cut-off dates. While the movement of the cut-off dates during August and September should allow use of a large percentage of the additional numbers, it does pose a potential problem. The amount of demand being generated may require the retrogression of many of the Family preference cut-off dates in early FY-2001 so that allocations will stay within the potential annual limits. VO will continue to monitor this situation and provide updates in monthly Visa Bulletins.

The Department of State has determined the family and employment preference numerical limits for FY-2000 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2000 are as follows:

Under INA 202(a), the per-country limit is fixed at 7% of the family and employment preference annual limits. For FY-2000 the per-country limit is 30,583. The dependent area annual limit is 2%, or 8,738.

The National Visa Center at Portsmouth, New Hampshire has registered and notified the winners of the DV-2001 diversity lottery. The diversity lottery was conducted under the terms of Section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 90,000 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2001 numbers will be used during fiscal year 2001 (October 1, 2000 until September 30, 2001).

Applicants registered for the DV-2001 program were selected at random from the approximately 11 million qualified entries received during the one-month application period that ran from noon on October 4, 1999 through noon on November 3, 1999. An additional 2 million applications received inside and outside of the mail-in period were disqualified for failing to properly follow directions.

The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years.

Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Immigration and Naturalization Service for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2001 will end. Selected applicants who do not receive visas by September 30, 2001 will derive no further benefit from their DV-2001registration. Similarly, spouses and children accompanying or following to join DV-2001 principal applicants are only entitled to derivative diversity visa status until September 30, 2001.

Only participants in the DV-2001 program who were selected for further processing have been notified. Those who have not received notification were not selected and may wish to try for next yearÕs DV-2002 lottery.

The following is the statistical breakdown by foreign state chargeability of those registered for the DV-2001 program:

Natives of the following were not eligible were not eligible to participate in DV-2001: Canada, China (except Hong Kong S.A.R.), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, the Philippines, Poland, South Korea, Taiwan, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.