United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
Number 26
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR DECEMBER 2000
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during December.
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 November 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 Charge-ability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIPPINES |
Family |
|
|
|
|
|
1st |
01MAR99 |
01MAR99 |
01MAR99 |
22APR94 |
01MAY88 |
2A* |
15JUL96 |
15JUL96 |
15JUL96 |
01OCT94 |
15JUL96 |
2B |
15JUN93 |
15JUN93 |
15JUN93 |
15OCT91 |
15JUN93 |
3rd |
01MAY96 |
01MAY96 |
01MAY96 |
01JUL95 |
15NOV87 |
4th |
15AUG89 |
15AUG89 |
01FEB88 |
15AUG89 |
01AUG79 |
*NOTE: For December, 2A numbers EXEMPT from per-country limit
are available to applicants from all countries with priority dates earlier
than 01OCT94. 2A numbers SUBJECT to per-country limit
are available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 01OCT94 and earlier than 15JUL96. (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 Charge-ability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIPPINES |
Employment-Based |
|
|
|
|
|
1st |
C |
C |
C |
C |
C |
2nd |
C |
01JUN99 |
01JAN00 |
C |
C |
3rd |
C |
15APR98 |
08MAR97 |
C |
C |
Other Workers |
01MAY96 |
01MAY96 |
01MAY96 |
01MAY96 |
01MAY96 |
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 (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 December, 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:
|
All DV Chargeability Areas Except Those Listed Separately
|
|
Region |
|
|
AFRICA |
AF 13,800 |
|
ASIA |
AS 5,200 |
Except: Bangladesh AS 5,150 |
EUROPE |
EU 14,200 |
Except: Albania EU 4,050 |
NORTH AMERICA (BAHAMAS) |
NA 15 |
|
OCEANIA |
OC 710 |
|
SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN |
SA 1,525 |
|
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 JANUARY
For January, 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:
|
All DV Chargeability Areas Except Those Listed Separately
|
|
Region |
|
|
AFRICA |
AF 14,000 |
|
ASIA |
AS 5,400 |
Except: Bangladesh AS 5,200 |
EUROPE |
EU 14,300 |
Except: Albania EU 4,600 |
NORTH AMERICA (BAHAMAS) |
NA 15 |
|
OCEANIA |
OC 710 |
|
SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN |
SA 1,525 |
|
D. VISA AVAILABILITY
Employment Fourth Preference, Certain Religious Workers: The Religious Workers
Act of 2000 (P.L. 106-409) was signed into law on November 1, 2000. This Act
extends the provisions in Section 101(a)(27)(C)(ii)(II) and (III) of the Immigration
and Nationality Act for visa issuance to Certain Religious Workers (SR) until
September 30, 2003. Therefore, visas are once again available in the Certain
Religious Workers (SR) category on a "Current" basis.
Greater availability of Employment-based immigrant visas: On October 17th,
the President signed P.L. 106-313. Title I of this law is known as the "American
Competitiveness in the Twenty-first Century Act of 2000" and contains amendments
to the INA regarding Employment-based immigrant visas.
In fiscal years 1999 and 2000, due in part to the per-country limits, the annual
limit for Employment-based immigrant visas was not reached. P.L. 106-313 makes
the following changes in an attempt to rectify the situation with regard to
per-country limits:
- Section 106 recaptures those Employment-based visa numbers which were available
but not used in fiscal years 1999 and 2000, creating a "pool" of approximately
130,000 numbers. These numbers could be made available to applicants in the
Employment First, Second, and Third preference categories beginning in fiscal
year 2001.
- Section 104 removes the per-country limit in instances where the overall
applicant demand for Employment-based visas is less than the numbers available
without regard to those limits. This determination will be made quarterly, based
on a comparison of the overall demand versus the available numbers. If the total
number of available Employment-based visas is greater than the number of qualified
applicants who may otherwise be issued such visas (during the same period),
the per-country limitations on Employment-based visas will be lifted for the
remainder of that quarter.
Department of State Publication 9514
CA/VO:November 9, 2000
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