Visa Bulletin
Number 113
Volume VIII
Washington, D.C.
VISA BULLETIN FOR DECEMBER 2007
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 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 November
13th 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.)
Fam-ily |
All Charge- ability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIPP-INES |
1st |
08JAN02 |
08JAN02 |
08JAN02 |
01JUL92 |
22SEP92 |
2A |
15JAN03 |
15JAN03 |
15JAN03 |
01MAY02 |
15JAN03 |
2B |
15OCT98 |
15OCT98 |
15OCT98 |
15MAR92 |
01JAN97 |
3rd |
08APR00 |
08APR00 |
08APR00 |
08JUL92 |
01APR91 |
4th |
22JUN97 |
08OCT96 |
15AUG96 |
22SEP94 |
08NOV85 |
*NOTE: For December, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAY02. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAY02 and earlier than 15JAN03. (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 |
PHILIP-PINES |
Employ-ment -Based
|
|
|
|
|
|
1st |
C |
C |
C |
C |
C |
2nd |
C |
01JAN03 |
01JAN02 |
C |
C |
3rd |
01SEP02 |
15OCT01 |
01MAY01 |
22APR01 |
01SEP02 |
Other Workers
|
01OCT01 |
01OCT01 |
01OCT01 |
01OCT01 |
01OCT01 |
4th |
C |
C |
C |
C |
C |
Certain Religious Workers |
C |
C |
C |
C |
C |
5th |
C |
C |
C |
C |
C |
Targeted Employ-ment 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.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139,
provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest
EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up
to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset
adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction
in the EW annual limit to 5,000 began in Fiscal Year 2002.
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-2008 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-2008 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 Listed Separately |
|
AFRICA
|
11,100 |
Except: Egypt: 8,400 Ethiopia: 6,950 Nigeria: 6,900
|
ASIA
|
4,750 |
|
EUROPE
|
11,100 |
|
NORTH AMERICA (BAHAMAS)
|
3 |
|
OCEANIA
|
675 |
|
SOUTH AMERICA, and the CARIBBEAN
|
900 |
|
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-2008 program ends as of September
30, 2008. DV visas may not be issued to DV-2008 applicants after that date. Similarly, spouses and children accompanying
or following to join DV-2008 principals are only entitled to derivative DV status until September 30, 2008. DV visa availability
through the very end of FY-2008 cannot be taken for granted. Numbers could be exhausted prior to September 30.
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-2008 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 Listed Separately |
|
AFRICA
|
13,100 |
Except: Egypt: 11,000 Ethiopia: 8,600 Nigeria: 7,200
|
ASIA
|
6,100 |
|
EUROPE
|
13,600 |
|
NORTH AMERICA (BAHAMAS)
|
3 |
|
OCEANIA
|
775 |
|
SOUTH AMERICA, and the CARIBBEAN
|
1,075 |
|
D. CHINA-MAINLAND BORN AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATES RETROGRESS FOR DECEMBER It has been necessary to retrogress both the China-mainland born and India Employment Second preference cut-off dates. This
is a direct result of extraordinarily heavy applicant demand for numbers, primarily by Citizenship and Immigration Services
offices for adjustment of status cases. Additional retrogressions cannot be ruled out during the second quarter of the fiscal
year.
E. IMMIGRANT VISA AVAILABILITY DURING THE COMING MONTHS
The following projections are based on the demand patterns which are currently being experienced. Fluctuations in demand
could alter such projections at any time. Therefore, they should only be used as a guideline of what might occur. Under no
circumstances should they be used as a basis for making any formal plans prior to the announcement of the monthly cut-off
dates.
Family Preferences - Worldwide: Movement consistent with that of recent months can be expected for the foreseeable future.
Employment Preferences - Worldwide and Philippines:
First: Will remain “Current”
Second: Will remain “Current”
Third: Slow forward movement should be possible while demand patterns are established.
Third “Other Workers” (All Countries): Little if any forward movement is expected at this time. Should the current demand
pattern continue, it may be necessary to retrogress the cut-off date at some point later in the fiscal year.
CHINA-mainland born and INDIA:
Employment Preferences:
First: Continued heavy demand may require the establishment of a cut-off date at some point during the fiscal year.
Second: Demand during October and the first week of November has already used over 38 percent of the annual limit. It is
hoped that the December retrogressions will return monthly number use within the target range. If not, further retrogressions
cannot be ruled out.
Department of State Publication 9514 CA/VO:November 13, 2007
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