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 Visa Bulletin


Visa Bulletin

Number 82
Volume VIII
Washington, D.C.

VISA BULLETIN FOR JUNE 2005

A.  STATUTORY NUMBERS

 
1.  This bulletin summarizes the availability of immigrant numbers during June. 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 May 10th 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   PHILIP-PINES
 Family          
 1st     08APR01   08APR01    08APR01   22OCT94  15JAN91
 2A*  22APR01  22APR01   22APR01  22APR98   22APR01
 2B  08DEC95  08DEC95  08DEC95  15MAR92   08DEC95
 3rd  22JAN98    22JAN98    22JAN98    22APR95   01SEP90
 4th  01AUG93   01AUG93   15DEC92   01AUG93   22DEC82

*NOTE:  For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22APR98.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22APR98 and earlier than 22APR01.  (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
 Family          
 1st     C  C   C   C  C
 2nd  C  C   C  C  C
 3rd  C 01JUN02  01JUN02  C 01JUN02 
Other Workers 01JAN99  01JAN99   01JAN99   01JAN99  01JAN99 
 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 June, 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:
 
   All DV Chargeability Areas Except Those Listed Separately        
 Region          
 AFRICA  AF 28,450   Except  Nigeria  21,400
 ASIA  AS  7,900  Except  Bangladesh  5,975
EUROPE  EUR  20,500  Except  Poland  20.000
     Except  Ukraine  5,750
 NORTH AMERICA (BAHAMAS)  NA  13      
 OCEANIA  OC  1,000      
 SOUTH AMERICA and the CARIBBEAN  SA  1,775      
 

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 JULY
 
For July, 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:
 
   All DV Chargeability Areas Except Those Listed Separately        
 Region          
 AFRICA  AF 32,800   Except Ethiopia  29,400
       Except Nigeria  23,300
 ASIA  AS 9,200  Except  Bangladesh 6,700
EUROPE  EUR  20,500  Except Ukraine  10,800
 NORTH AMERICA (BAHAMAS)  NA  13      
 OCEANIA  OC  1,180      
 SOUTH AMERICA and the CARIBBEAN  SA  1,800      

D.  RETROGRESSION OF THE EMPLOYMENT-BASED THIRD PREFERENCE “OTHER WORKER”
    CATEGORY FOR JUNE
As mentioned in the Visa Bulletin announcing the May cut-off dates, demand for visa numbers in the Employment Other Worker category has remained extremely high despite the imposition of a cut-off date.  As a result, it has been necessary to retrogress the June cut-off date in an attempt to hold number use within the annual limit.  It is likely that the limit will be reached sometime during June, and the category would immediately become “unavailable”. 

E. VISA AVAILABILITY DURING THE REMAINDER OF FY-2005
 
Employment-based:   During the past month there has been a significant increase in the amount of numbers being used by Citizenship and Immigration Service (CIS) offices for adjustment of status applicants.  This level of demand has significantly depleted the supply of Employment-based numbers available under the annual limit.  Recent discussions with CIS have made it clear that their backlog reduction efforts will sustain or increase the current level of demand.  Therefore, continued visa availability in the Employment-based categories cannot be guaranteed during the final quarter of FY-2005.  If demand continues at the current rate, it will be necessary to oversubscribe many or all of the Employment categories on a Worldwide basis.  Such oversubscription could result in the establishment of cut-off dates, retrogression of already established dates, or some categories becoming “unavailable”.
 
Mexico:  Heavy applicant demand in all of the Mexico Family-sponsored categories is causing the issuance level to approach the annual limit.  It is likely that many of the Mexico cut-off dates will be retrogressed during the final months of FY-2005.
Department of State Publication 9514
CA/VO:May 10, 2005


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