United States Department of State
Bureau of Consular Affairs
VISA BULLETIN
Number 33
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR JULY 2001
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during July.
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
June 8th 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
|
CHINA - mainland-born
|
INDIA
|
MEXICO
|
PHILIPPINES
|
Family
|
|
|
|
|
|
1st
|
01JAN97
|
01JAN97
|
01JAN97
|
01JAN90
|
22MAY88
|
2A*
|
22SEP96
|
22SEP96
|
22SEP96
|
22OCT94
|
22SEP96
|
2B
|
01JAN93
|
01JAN93
|
01JAN93
|
22OCT91
|
01JAN93
|
3rd
|
01JAN96
|
01JAN96
|
01JAN96
|
01JAN74
|
08DEC87
|
4th
|
08OCT89
|
08OCT89
|
08MAY88
|
08OCT89
|
01SEP79
|
*NOTE: For July, 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
|
CHINA - mainland-born
|
INDIA
|
MEXICO
|
PHILIPPINES
|
|
Employment-Based
|
|
|
|
|
|
1st
|
C
|
C
|
C
|
C
|
C
|
2nd
|
C
|
C
|
C
|
C
|
C
|
3rd
|
C
|
C
|
C
|
C
|
C
|
Other Workers
|
C
|
C
|
C
|
C
|
C
|
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 July, 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 24,700, Except: Ethiopia AF19,700
ASIA: AS 12,000
EUROPE: EU 24,000, Except: Albania EU 13,000
NORTH AMERICA (BAHAMAS): NA 15
OCEANIA: OC 900
SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN: SA 1,740
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 AUGUST
For August, 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 29,150, Except: Ethiopia AF 24,100
ASIA: AS 13,800
EUROPE: EU 28,000, Except: Albania EU 14,000
NORTH AMERICA (BAHAMAS): NA 18
OCEANIA: OC 1,000
SOUTH AMERICA, and the CARIBBEAN: SA 2,500
D. RETROGRESSION OF SEVERAL FAMILY-SPONSORED PREFERENCE CUT-OFF DATES
It has been necessary to retrogress several Family-sponsored preference categories
in an attempt to keep issuances within the FY-2001 annual limits. Retrogressions
have occurred in the following categories:
Worldwide Family First (including China-mainland born and India)
Worldwide Family Second (F2B) (including China-mainland born, India,
and Philippines)
Worldwide Family Third (including China-mainland born and India)
Mexico Family First preference
Mexico Family Third preference
With the start of the new fiscal year in October, any cut-off date
that has retrogressed will return to the latest cut-off date established
during FY-2001.
E. OTHER NOTES ON VISA AVAILABILITY FOR THE REMAINDER OF FY-2001
FAMILY-SPONSORED PREFERENCE CATEGORIES:
As mentioned above, visa number use in the Family preference categories is
approaching the annual numerical limits. Continued heavy applicant demand (particularly
for adjustment of status cases at INS offices) is likely to require the retrogression
of the following cut-off dates for August:
Worldwide Family Second (F2A)
Worldwide Family Fourth (including China-mainland born and Mexico)
Mexico Family Second (F2B) preference
Philippines Family First preference
It is also possible that Family preference numbers in some categories could
become "Unavailable" for August or September.
EMPLOYMENT-BASED PREFERENCE CATEGORIES:
All categories have become "Current" for July, and are expected to
remain so for the remainder of FY-2001. The cut-off date movement in all oversubscribed
categories has been extremely rapid during the past year. This is because the
FY-2001 limit is approximately 50,000 higher than normal, and legislative changes
removed the per-country limitation if there are otherwise unused Employment
numbers available.
All categories are expected to remain "Current" for the foreseeable
future.
Department of State Publication 9514
CA/VO:May 8, 2001
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