State Department Visa Bulletin for July 2009 limits
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
State Department DepartmentVisa VisaBulletin Bulletin July 2009 State forfor July 2009
A. STATUTORY STATUTORY NUMBERS NUMBERS A. 1. This bulletin 1. This bulletin summarizes summarizes the the availability availability of of immigrant immigrant numbers numbers during during July. July. Consular Department of of State State Consular officers officers are are required required to to report report to to the the Department documentarily visas; the the Bureau Bureau of of documentarily qualified qualified applicants applicants for for numerically numerically limited limited visas; Citizenship Services in the Department Department of of Homeland Homeland Security Security Citizenship and and Immigration Immigration Services in the reports applicants for of status. status. Allocations Allocations were the reports applicants for adjustment adjustment of were made, made, to to the extent possible under the numerical limitations, for the demand received by extent possible under the numerical limitations, for the demand received by June 8th in the chronological order of the reported priority dates. If the June 8th in the chronological order of the reported priority dates. If the demand the demand could could not not be be satisfied satisfiedwithin within the the statutory statutory or or regulatory regulatory limits, limits, the category or foreign state in which demand was excessive was deemed category or foreign state in which demand was excessive was deemed oversubscribed. an oversubscribed oversubscribed. The The cut-off cut-off date date for for an oversubscribed category category is is the the priority priority date the first first applicant applicant who who could could not not be be reached reached within the numerical numerical date of of the within the limits. limits. Only the cut-off cut-off date date may may be be Only applicants applicantswho whohave haveaapriority prioritydate dateearlier earlier than than the allotted a number. Immediately that it becomes necessary during the monthly allotted a number. Immediately that it becomes necessary during the monthly allocation date, supplemental supplemental requests requests for allocation process process to to retrogress retrogress aa cut-off cut-off date, for numbers will the new new cut-off numbers will be be honored honored only only ifif the the priority priority date date falls falls within within the cut-off date. date. 2. Section 201 Immigration and and Nationality Nationality Act Act (INA) (INA) sets sets an an annual annual 2. Section 201 of of the the Immigration minimum family-sponsored preference limit of 226,000. The worldwide level minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. for annual employment-based preference immigrants is at least 140,000. Section for preference preference immigrants is Section 202 202 prescribes prescribesthat that the the per-country per-country limit limit for immigrants is set at 7% of the total annual family-sponsored and employment-based set at 7% of the total annual family-sponsored and employment-based preference limits, 25,620. The The dependent or preference limits, i.e., i.e., 25,620. dependent area area limit limit is is set set at at 2%, 2%, or 7,320. 7,320. 3. Section 203 203 of of the the INA INA prescribes prescribes preference preference classes of 3. Section classes for for allotment allotment of immigrant visas as follows: immigrant visas as follows: FAMILY-SPONSOREDPREFERENCES PREFERENCES FAMILY-SPONSORED First Unmarried Sons Sons and and Daughters plus any any numbers numbers First :: Unmarried Daughters of of Citizens: Citizens: 23,400 23,400 plus not required for for fourth fourth preference. preference. not required Second Spouses and Sons and of Second :: Spouses and Children, Children, and and Unmarried Unmarried Sons and Daughters Daughters of Permanent by which which the the Permanent Residents: Residents: 114,200, 114,200, plus plus the the number number (if (if any) any) by worldwide family preference preference level level exceeds exceeds 226,000, worldwide family 226,000, and and any any unused unused first first preference preference numbers: numbers: A. A. Spouses Spouses and and Children: Children: 77% 77% of of the the overall overall second second preference preference limitation, limitation, of of which 75% are exempt from the per-country limit; which 75% are exempt from the per-country limit;
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
B. B. Unmarried Unmarried Sons Sons and and Daughters Daughters(21 (21 years yearsof of age ageor orolder): older): 23% 23% of of the the overall second preference overall second preference limitation. limitation. Third Married Sons Sons and plus any any numbers numbers not Third :: Married and Daughters Daughters of of Citizens: Citizens: 23,400, 23,400, plus not required by first and second preferences. required by first and second preferences. Fourth Brothers and and Sisters Sisters of Citizens: 65,000, 65,000, plus plus any any numbers numbers not not Fourth :: Brothers of Adult Adult Citizens: required first three three preferences. preferences. required by by first EMPLOYMENT-BASED PREFERENCES PREFERENCES EMPLOYMENT-BASED First Priority Workers: Workers: 28.6% 28.6% of of the the worldwide worldwide employment-based employment-based First :: Priority preference preference level, level, plus plus any any numbers numbers not not required required for for fourth fourth and and fifth fifth preferences. preferences. Second Members of of the the Professions Professions Holding Holding Advanced Advanced Degrees Degrees or or Persons Persons of Second :: Members of Exceptional 28.6% of of the the worldwide worldwide employment-based employment-based preference preference Exceptional Ability: Ability: 28.6% level, plus any preference. level, plus any numbers numbers not not required required by by first first preference. Third Skilled Workers, Workers, Professionals, Professionals, and Third :: Skilled and Other Other Workers: Workers: 28.6% 28.6% of of the the worldwide plus any any numbers numbers not required by by first first and and second second worldwide level, level, plus not required preferences, which to "Other Workers". Workers". preferences, not not more more than than 10,000 10,000 of of which to "Other Fourth Certain Special of the the worldwide worldwide level. level. Fourth :: Certain Special Immigrants: Immigrants: 7.1% 7.1% of Fifth Employment Creation: Creation: 7.1% 7.1% of of the the worldwide worldwide level, level, not not less less than 3,000 Fifth :: Employment than 3,000 of which reserved high-unemployment of which reserved for for investors investors in in aa targeted targeted rural rural or or high-unemployment area, and 3,000 set aside aside for for investors investors in in regional regional centers centers by by Sec. Sec. 610 610 of of P.L. P.L. area, and 3,000 set 102-395. 102-395. 4. INA Section Section 203(e) provides that that family-sponsored family-sponsored and and employment-based employment-based 4. INA 203(e) provides preference order in in which which a a preference visas visas be be issued issuedto to eligible eligible immigrants immigrants in in the the order petition in behalf behalf of of each each has has been been filed. Section 203(d) provides that that spouses spouses petition in filed. Section 203(d) provides and the same same status, and the the and children children of of preference preference immigrants immigrants are are entitled entitled to to the status, and same same order order of of consideration, consideration, ifif accompanying accompanying or or following following to to join join the the principal. principal. The allocations for a The visa visa prorating prorating provisions provisions of of Section Section 202(e) 202(e) apply apply to to allocations for a foreign state or or dependent dependent area area when when visa visa demand demand exceeds exceeds the foreign state the per-country per-country limit. These provisions provisions apply present to to the the following following oversubscribed oversubscribed limit. These apply at at present chargeability areas: CHINA-mainland CHINA-mainlandborn, born,INDIA, INDIA,MEXICO, MEXICO,and andPHILIPPINES. PHILIPPINES. chargeability areas: 5. On the chart below, below, the listing of of a a date date for for any any class class indicates 5. On the chart the listing indicates that that the the class numbers class is is oversubscribed oversubscribed(see (seeparagraph paragraph1); 1); "C" "C" means means current, current, i.e., i.e., numbers are qualified applicants; applicants; and and "U" "U" means means unavailable, no are available available for for all all qualified unavailable, i.e., i.e., no numbers Numbers are applicants numbers are are available. available. (NOTE: (NOTE: Numbers are available available only only for for applicants whose than the the cut-off cut-off date date listed listed below.) below.) whose priority priority date date isis earlier earlier than
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
All All ChargeChargeability CHINAability CHINAFamily Areas Areas mainland INDIA INDIA MEXICO PHILIPPINES MEXICO PHILIPPINES Family mainland Except born born Except Those Those Listed Listed 15NOV02 1st 15NOV02 15NOV02 15NOV02 01JAN91 01SEP93 01JAN91 01SEP93
2A
22DEC04 22DEC04 22DEC04 22DEC04 22DEC04
22JUN02 22JUN02
22DEC04 22DEC04
2B
15APR01 15APR01
15APR01 15APR01
15APR01 15APR01
01APR98 01APR98
3rd
22OCT00 22OCT00
22OCT00 22OCT00
22OCT00 22OCT00
01MAY92 01MAY92 01JUL91
4th
22OCT98 22OCT98
22OC98 22OC98
08AUG86 22OCT98 22OCT98 15JUN95 08AUG86
01JUL91 01JUL91
*NOTE: For July, 2A numbers limitare are *NOTE: For July, 2A numbersEXEMPT EXEMPTfrom fromper-country per-country limit available to applicants from all countries with priority dates earlier than available to applicants from all countries with priority dates earlier than 22JUN02. 2A numbers SUBJECT to per-country limit are available 22JUN02. 2A numbers SUBJECT to per-country limit are available to to applicants dates applicants chargeable chargeable to to all all countries countries EXCEPT EXCEPTMEXICO MEXICO with with priority priority dates beginning 22JUN02 22JUN02 and beginning and earlier earlier than than 22DEC04. 22DEC04. (All (All 2A 2A numbers numbers provided provided for for MEXICO are there are are no no 2A 2A numbers numbers for MEXICO areexempt exemptfrom fromthe theper-country per-country limit; limit; there for MEXICO subject MEXICO subjecttotoper-country per-country limit.) limit.)
All All Chargeability Chargeability CHINACHINAAreas Areas mainland INDIA INDIA mainland Except Except born born Those Those Listed Listed Employment Employment -Based 1st C C nd 2nd C 2 C rd 3rd U 3 U
C C
Other Other Workers
MEXICO PHILIPPINES PHILIPPINES MEXICO
U U
C C 01JAN00 C C U U U U
C C C C U U
U U
U U
U U
U U
U U
4th 4th
C C
C C
C C
C C
C C
Certain Certain Religious Religious Workers
C C
C C
C C
C C
C C
5th 5th
C C
C C
C C
C C
C C
Targeted Targeted Employment Employment
C C
C C
C C
C C
C C
01JAN00
C C
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
Areas/ Areas/ Regional Regional Centers
The of State State has has available available a a recorded recorded message message with visa The Department Department of with visa availability information which can be heard at: (area code 202) 663-1541. availability information which can be heard at: (area code 202) 663-1541. This This recording recording will will be be updated updated in in the the middle middle of of each each month month with with information information on cut-off dates for the following month. on cut-off dates for the following month. Employment Preference Other Employment Third Third Preference Other Workers Workers Category: Category: Section Section 203(e) 203(e) of of the the NACARA, once NACARA,as asamended amendedby bySection Section1(e) 1(e)of ofPub. Pub.L.L.105 105-- 139, 139, provides provides that that once the Employment Third Third Preference Preference Other date has has reached reached the Employment Other Worker Worker (EW) (EW) cut-off cut-off date the priority date date of of the the latest latest EW EW petition petition approved approved prior prior to to November November 19, the priority 19, 1997, the 10,000 10,000 EW EW numbers numbers available available for a fiscal fiscal year year are are to to be be reduced reduced by by 1997, the for a up to 5,000 annually beginning in the following fiscal year. This reduction is up to 5,000 annually beginning in the following fiscal year. This reduction is to to be as long long as as necessary necessary to offset adjustments adjustmentsunder underthe theNACARA NACARA be made made for for as to offset program. Since the the EW EW cut-off date reached reached November November 19, 1997 during during Fiscal Fiscal program. Since cut-off date 19, 1997 Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. 2002. B. DIVERSITY DIVERSITY IMMIGRANT IMMIGRANT (DV) (DV)CATEGORY CATEGORY B. Section Immigration and and Nationality Nationality Act Act provides provides a a maximum of Section 203(c) 203(c) of of the the Immigration maximum of up 55,000 immigrant immigrant visas visas each each fiscal up to to 55,000 fiscal year year to to permit permit immigration immigration opportunities for persons persons from countries other other than than the the principal principal sources sources of of opportunities for from countries current immigration to tothe theUnited UnitedStates. States.The The Nicaraguan Nicaraguan and and Central Central current immigration American Relief Act Act (NACARA) (NACARA) passed American Relief passed by by Congress Congress in in November November 1997 1997 stipulates that beginning beginning with with DV-99, DV-99, and and for for as as long long as as necessary, necessary, up stipulates that up to to 5,000 of the 55,000 annually-allocated diversity visas will be made available 5,000 of the 55,000 annually-allocated diversity visas will be made available for program. This reduction for use use under underthe theNACARA NACARA program. This reductionhas hasresulted resulted in in the the DV-2009 annual limit being reduced to 50,000. DV visas are divided DV-2009 annual limit being reduced to 50,000. DV visas are divided among geographic regions. No one can receive receive more than seven seven among six six geographic regions. No one country country can more than percent of the available diversity visas in any one year. percent of the available diversity visas in any one year. For immigrant numbers numbers in in the theDV DV category category are are available available to to qualified qualified DVDVFor July, July, immigrant 2009 applicants chargeable chargeable to regions/eligible countries countries as as follows. follows. When When 2009 applicants to all all regions/eligible an this number number is is shown, shown, visas visas are are available available only an allocation allocation cut-off cut-off this only for for applicants DV regional regional lottery lottery rank ranknumbers numbersBELOW BELOW the specified applicants with with DV the specified allocation allocation cut-off cut-off number: number:
Region
All DV DV All Chargeability Chargeability Areas Except Except Areas Those Listed Those Listed Separately Separately
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
Except: Egypt: Egypt: 21,600 21,600
AFRICA
48,700
Ethiopia Ethiopia 21,100 21,100 Nigeria Nigeria 14,400
ASIA
CURRENT CURRENT
EUROPE
CURRENT CURRENT
NORTH AMERICA NORTH AMERICA (( BAHAMAS BAHAMAS ))
CURRENT CURRENT
OCEANIA
CURRENT CURRENT
SOUTH AMERICA, SOUTH AMERICA,
CURRENT CURRENT and the the CARIBBEAN CARIBBEAN
Entitlement to immigrant immigrant status status in in the the DV DV category category lasts lasts only only through through the the end end Entitlement to of fiscal (visa) year for which the The of the the fiscal (visa) year for which the applicant applicant is is selected selectedininthe thelottery. lottery. The year entitlement for for all all applicants applicants registered registered for for the the DV-2009 DV-2009 program program ends ends year of of entitlement as DV visas visas may may not not be be issued issued to to DV-2009 DV-2009 applicants applicants as of of September September 30, 30, 2009. 2009. DV after that dates. dates. Similarly, Similarly,spouses spouses and and children children accompanying accompanying or following to after that or following to join DV-2009 principals principals are derivative DV DV status join DV-2009 are only only entitled entitled to to derivative status until until September DV visa visa availability availability through through the the very very end end of of FY-2009 FY-2009 September 30, 30, 2009. 2009. DV cannot Numbers could could be be exhausted exhausted prior prior to to September September cannot be be taken taken for for granted. granted. Numbers 30. 30. C. C. ADVANCE ADVANCENOTIFICATION NOTIFICATION OF OFTHE THEDIVERSITY DIVERSITY(DV) (DV) IMMIGRANT IMMIGRANT CATEGORY AUGUST CATEGORYRANK RANKCUT-OFFS CUT-OFFSWHICH WHICHWILL WILL APPLY APPLY IN IN AUGUST For immigrantnumbers numbers in inthe theDV DV category category are are available available to to qualified qualified For August, August, immigrant DV-2009 countries as as follows. follows. DV-2009 applicants applicants chargeable chargeable to to all all regions/eligible regions/eligible countries When number is is shown, shown, visas visas are When an an allocation allocation cut-off cut-off number are available available only only for for applicants the specified specified applicants with with DV DV regional regional lottery lottery rank rank numbers numbers below below the allocation allocation cut-off cut-off number: number: All DV All DV Chargeability Chargeability Region Areas Except Areas Except Those Listed Those Listed Separately Separately
Except:
AFRICA
64,300 Egypt Egypt
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
22,750 Ethiopia Ethiopia 22,800 Nigeria Nigeria 15,650
ASIA
CURRENT CURRENT
EUROPE
CURRENT CURRENT
NORTH AMERICA NORTH AMERICA (( BAHAMAS BAHAMAS ))
CURRENT CURRENT
OCEANIA
CURRENT CURRENT
SOUTH AMERICA, SOUTH AMERICA,
and the the CARIBBEAN CARIBBEAN and
CURRENT CURRENT
D. RETROGRESSION RETROGRESSION OF OF AUGUST AUGUST CUTOFF CUTOFF DATES DATES D. It has been been necessary necessary to retrogress the the Mexico Mexico Family Family First First and and Third Third It has to retrogress preference dates, as as well well as as the the China China Employment Employment Second Second preference preference preference cut-off cut-off dates, cut-off date for for July July to to keep keep visa visa issuances issuances within those annual annual category category cut-off date within those numerical numerical limits. limits. E. THE MONTHLY MONTHLY VISA BULLETIN E. OBTAINING OBTAINING THE VISA BULLETIN The State's Bureau Bureau of "Visa The Department Department of of State's of Consular Consular Affairs Affairs offers offers the the monthly monthly "Visa Bulletin"on onthe theINTERNET'S INTERNET'SWORLDWIDE WORLDWIDE WEB. WEB. The The INTERNET INTERNET Web Bulletin" Web address address to access the to access the Bulletin Bulletin is: is: http://travel.state.gov http://travel.state.gov From the home page, page, select select the VISA section Visa Bulletin. From the home the VISA section which which contains contains the the Visa Bulletin. To To be be placed placed on on the the Department Department of of State’s State’s E-mail E-mail subscription subscription list list for for the the "Visa please send following E-mail E-mail address: address: "Visa Bulletin", Bulletin", please send an an E-mail E-mail to to the the following [email protected] [email protected] and the message message body and in in the body type: type: Subscribe Visa-BulletinFirst First name/Last name Subscribe Visa-Bulletin name/Last name (example: SubscribeVisa-Bulletin Visa-Bulletin Sally Doe) (example: Subscribe Sally Doe) To To be be removed removed from from the the Department Department of of State’s State’s E-mail E-mail subscription subscription list list for for the the "Visa send an message to E-mail address address :: "Visa Bulletin", Bulletin", send an e-mail e-mail message to the the following following E-mail
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
[email protected] [email protected] and and in in the the message messagebody bodytype: type:Signoff SignoffVisa-Bulletin Visa-Bulletin The State also also has has available The Department Department of of State available aa recorded recorded message message with with visa visa cutcutoff dates which which can (area code code 202) 663-1541. The The recording recording is is off dates can be be heard heard at: at: (area 202) 663-1541. normally updated by normally updated by the the middle middle of of each each month month with with information information on on cut-off cut-off dates dates for for the the following following month. month. Readers E-mail Readers may may submit submit questions questions regarding regarding Visa Visa Bulletin Bulletin related related items items by by E-mail at the following following address: address: at the [email protected] [email protected]
Disclaimer: This This newsletter is provided provided as as a Disclaimer: newsletter is a public public service service and and not not intended intended to to establish an client relationship. relationship. Any Any reliance reliance on on information information contained contained establish an attorney attorney client herein is own risk. herein is taken taken at at your your own risk.
Siskind Susser Susser Siskind
1028 Oakhaven Oakhaven Rd. Rd. 1028 Memphis, TN TN 38119 Memphis, 38119 T. 800-343-4890 901-682-6455 T. 800-343-4890 or or 901-682-6455 F. 901-682-6394 F. 901-682-6394 Email: [email protected] Email: [email protected]
State Department DepartmentVisa VisaBulletin Bulletin July 2009 State forfor July 2009
A. STATUTORY STATUTORY NUMBERS NUMBERS A. 1. This bulletin 1. This bulletin summarizes summarizes the the availability availability of of immigrant immigrant numbers numbers during during July. July. Consular Department of of State State Consular officers officers are are required required to to report report to to the the Department documentarily visas; the the Bureau Bureau of of documentarily qualified qualified applicants applicants for for numerically numerically limited limited visas; Citizenship Services in the Department Department of of Homeland Homeland Security Security Citizenship and and Immigration Immigration Services in the reports applicants for of status. status. Allocations Allocations were the reports applicants for adjustment adjustment of were made, made, to to the extent possible under the numerical limitations, for the demand received by extent possible under the numerical limitations, for the demand received by June 8th in the chronological order of the reported priority dates. If the June 8th in the chronological order of the reported priority dates. If the demand the demand could could not not be be satisfied satisfiedwithin within the the statutory statutory or or regulatory regulatory limits, limits, the category or foreign state in which demand was excessive was deemed category or foreign state in which demand was excessive was deemed oversubscribed. an oversubscribed oversubscribed. The The cut-off cut-off date date for for an oversubscribed category category is is the the priority priority date the first first applicant applicant who who could could not not be be reached reached within the numerical numerical date of of the within the limits. limits. Only the cut-off cut-off date date may may be be Only applicants applicantswho whohave haveaapriority prioritydate dateearlier earlier than than the allotted a number. Immediately that it becomes necessary during the monthly allotted a number. Immediately that it becomes necessary during the monthly allocation date, supplemental supplemental requests requests for allocation process process to to retrogress retrogress aa cut-off cut-off date, for numbers will the new new cut-off numbers will be be honored honored only only ifif the the priority priority date date falls falls within within the cut-off date. date. 2. Section 201 Immigration and and Nationality Nationality Act Act (INA) (INA) sets sets an an annual annual 2. Section 201 of of the the Immigration minimum family-sponsored preference limit of 226,000. The worldwide level minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. for annual employment-based preference immigrants is at least 140,000. Section for preference preference immigrants is Section 202 202 prescribes prescribesthat that the the per-country per-country limit limit for immigrants is set at 7% of the total annual family-sponsored and employment-based set at 7% of the total annual family-sponsored and employment-based preference limits, 25,620. The The dependent or preference limits, i.e., i.e., 25,620. dependent area area limit limit is is set set at at 2%, 2%, or 7,320. 7,320. 3. Section 203 203 of of the the INA INA prescribes prescribes preference preference classes of 3. Section classes for for allotment allotment of immigrant visas as follows: immigrant visas as follows: FAMILY-SPONSOREDPREFERENCES PREFERENCES FAMILY-SPONSORED First Unmarried Sons Sons and and Daughters plus any any numbers numbers First :: Unmarried Daughters of of Citizens: Citizens: 23,400 23,400 plus not required for for fourth fourth preference. preference. not required Second Spouses and Sons and of Second :: Spouses and Children, Children, and and Unmarried Unmarried Sons and Daughters Daughters of Permanent by which which the the Permanent Residents: Residents: 114,200, 114,200, plus plus the the number number (if (if any) any) by worldwide family preference preference level level exceeds exceeds 226,000, worldwide family 226,000, and and any any unused unused first first preference preference numbers: numbers: A. A. Spouses Spouses and and Children: Children: 77% 77% of of the the overall overall second second preference preference limitation, limitation, of of which 75% are exempt from the per-country limit; which 75% are exempt from the per-country limit;
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
B. B. Unmarried Unmarried Sons Sons and and Daughters Daughters(21 (21 years yearsof of age ageor orolder): older): 23% 23% of of the the overall second preference overall second preference limitation. limitation. Third Married Sons Sons and plus any any numbers numbers not Third :: Married and Daughters Daughters of of Citizens: Citizens: 23,400, 23,400, plus not required by first and second preferences. required by first and second preferences. Fourth Brothers and and Sisters Sisters of Citizens: 65,000, 65,000, plus plus any any numbers numbers not not Fourth :: Brothers of Adult Adult Citizens: required first three three preferences. preferences. required by by first EMPLOYMENT-BASED PREFERENCES PREFERENCES EMPLOYMENT-BASED First Priority Workers: Workers: 28.6% 28.6% of of the the worldwide worldwide employment-based employment-based First :: Priority preference preference level, level, plus plus any any numbers numbers not not required required for for fourth fourth and and fifth fifth preferences. preferences. Second Members of of the the Professions Professions Holding Holding Advanced Advanced Degrees Degrees or or Persons Persons of Second :: Members of Exceptional 28.6% of of the the worldwide worldwide employment-based employment-based preference preference Exceptional Ability: Ability: 28.6% level, plus any preference. level, plus any numbers numbers not not required required by by first first preference. Third Skilled Workers, Workers, Professionals, Professionals, and Third :: Skilled and Other Other Workers: Workers: 28.6% 28.6% of of the the worldwide plus any any numbers numbers not required by by first first and and second second worldwide level, level, plus not required preferences, which to "Other Workers". Workers". preferences, not not more more than than 10,000 10,000 of of which to "Other Fourth Certain Special of the the worldwide worldwide level. level. Fourth :: Certain Special Immigrants: Immigrants: 7.1% 7.1% of Fifth Employment Creation: Creation: 7.1% 7.1% of of the the worldwide worldwide level, level, not not less less than 3,000 Fifth :: Employment than 3,000 of which reserved high-unemployment of which reserved for for investors investors in in aa targeted targeted rural rural or or high-unemployment area, and 3,000 set aside aside for for investors investors in in regional regional centers centers by by Sec. Sec. 610 610 of of P.L. P.L. area, and 3,000 set 102-395. 102-395. 4. INA Section Section 203(e) provides that that family-sponsored family-sponsored and and employment-based employment-based 4. INA 203(e) provides preference order in in which which a a preference visas visas be be issued issuedto to eligible eligible immigrants immigrants in in the the order petition in behalf behalf of of each each has has been been filed. Section 203(d) provides that that spouses spouses petition in filed. Section 203(d) provides and the same same status, and the the and children children of of preference preference immigrants immigrants are are entitled entitled to to the status, and same same order order of of consideration, consideration, ifif accompanying accompanying or or following following to to join join the the principal. principal. The allocations for a The visa visa prorating prorating provisions provisions of of Section Section 202(e) 202(e) apply apply to to allocations for a foreign state or or dependent dependent area area when when visa visa demand demand exceeds exceeds the foreign state the per-country per-country limit. These provisions provisions apply present to to the the following following oversubscribed oversubscribed limit. These apply at at present chargeability areas: CHINA-mainland CHINA-mainlandborn, born,INDIA, INDIA,MEXICO, MEXICO,and andPHILIPPINES. PHILIPPINES. chargeability areas: 5. On the chart below, below, the listing of of a a date date for for any any class class indicates 5. On the chart the listing indicates that that the the class numbers class is is oversubscribed oversubscribed(see (seeparagraph paragraph1); 1); "C" "C" means means current, current, i.e., i.e., numbers are qualified applicants; applicants; and and "U" "U" means means unavailable, no are available available for for all all qualified unavailable, i.e., i.e., no numbers Numbers are applicants numbers are are available. available. (NOTE: (NOTE: Numbers are available available only only for for applicants whose than the the cut-off cut-off date date listed listed below.) below.) whose priority priority date date isis earlier earlier than
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
All All ChargeChargeability CHINAability CHINAFamily Areas Areas mainland INDIA INDIA MEXICO PHILIPPINES MEXICO PHILIPPINES Family mainland Except born born Except Those Those Listed Listed 15NOV02 1st 15NOV02 15NOV02 15NOV02 01JAN91 01SEP93 01JAN91 01SEP93
2A
22DEC04 22DEC04 22DEC04 22DEC04 22DEC04
22JUN02 22JUN02
22DEC04 22DEC04
2B
15APR01 15APR01
15APR01 15APR01
15APR01 15APR01
01APR98 01APR98
3rd
22OCT00 22OCT00
22OCT00 22OCT00
22OCT00 22OCT00
01MAY92 01MAY92 01JUL91
4th
22OCT98 22OCT98
22OC98 22OC98
08AUG86 22OCT98 22OCT98 15JUN95 08AUG86
01JUL91 01JUL91
*NOTE: For July, 2A numbers limitare are *NOTE: For July, 2A numbersEXEMPT EXEMPTfrom fromper-country per-country limit available to applicants from all countries with priority dates earlier than available to applicants from all countries with priority dates earlier than 22JUN02. 2A numbers SUBJECT to per-country limit are available 22JUN02. 2A numbers SUBJECT to per-country limit are available to to applicants dates applicants chargeable chargeable to to all all countries countries EXCEPT EXCEPTMEXICO MEXICO with with priority priority dates beginning 22JUN02 22JUN02 and beginning and earlier earlier than than 22DEC04. 22DEC04. (All (All 2A 2A numbers numbers provided provided for for MEXICO are there are are no no 2A 2A numbers numbers for MEXICO areexempt exemptfrom fromthe theper-country per-country limit; limit; there for MEXICO subject MEXICO subjecttotoper-country per-country limit.) limit.)
All All Chargeability Chargeability CHINACHINAAreas Areas mainland INDIA INDIA mainland Except Except born born Those Those Listed Listed Employment Employment -Based 1st C C nd 2nd C 2 C rd 3rd U 3 U
C C
Other Other Workers
MEXICO PHILIPPINES PHILIPPINES MEXICO
U U
C C 01JAN00 C C U U U U
C C C C U U
U U
U U
U U
U U
U U
4th 4th
C C
C C
C C
C C
C C
Certain Certain Religious Religious Workers
C C
C C
C C
C C
C C
5th 5th
C C
C C
C C
C C
C C
Targeted Targeted Employment Employment
C C
C C
C C
C C
C C
01JAN00
C C
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
Areas/ Areas/ Regional Regional Centers
The of State State has has available available a a recorded recorded message message with visa The Department Department of with visa availability information which can be heard at: (area code 202) 663-1541. availability information which can be heard at: (area code 202) 663-1541. This This recording recording will will be be updated updated in in the the middle middle of of each each month month with with information information on cut-off dates for the following month. on cut-off dates for the following month. Employment Preference Other Employment Third Third Preference Other Workers Workers Category: Category: Section Section 203(e) 203(e) of of the the NACARA, once NACARA,as asamended amendedby bySection Section1(e) 1(e)of ofPub. Pub.L.L.105 105-- 139, 139, provides provides that that once the Employment Third Third Preference Preference Other date has has reached reached the Employment Other Worker Worker (EW) (EW) cut-off cut-off date the priority date date of of the the latest latest EW EW petition petition approved approved prior prior to to November November 19, the priority 19, 1997, the 10,000 10,000 EW EW numbers numbers available available for a fiscal fiscal year year are are to to be be reduced reduced by by 1997, the for a up to 5,000 annually beginning in the following fiscal year. This reduction is up to 5,000 annually beginning in the following fiscal year. This reduction is to to be as long long as as necessary necessary to offset adjustments adjustmentsunder underthe theNACARA NACARA be made made for for as to offset program. Since the the EW EW cut-off date reached reached November November 19, 1997 during during Fiscal Fiscal program. Since cut-off date 19, 1997 Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002. 2002. B. DIVERSITY DIVERSITY IMMIGRANT IMMIGRANT (DV) (DV)CATEGORY CATEGORY B. Section Immigration and and Nationality Nationality Act Act provides provides a a maximum of Section 203(c) 203(c) of of the the Immigration maximum of up 55,000 immigrant immigrant visas visas each each fiscal up to to 55,000 fiscal year year to to permit permit immigration immigration opportunities for persons persons from countries other other than than the the principal principal sources sources of of opportunities for from countries current immigration to tothe theUnited UnitedStates. States.The The Nicaraguan Nicaraguan and and Central Central current immigration American Relief Act Act (NACARA) (NACARA) passed American Relief passed by by Congress Congress in in November November 1997 1997 stipulates that beginning beginning with with DV-99, DV-99, and and for for as as long long as as necessary, necessary, up stipulates that up to to 5,000 of the 55,000 annually-allocated diversity visas will be made available 5,000 of the 55,000 annually-allocated diversity visas will be made available for program. This reduction for use use under underthe theNACARA NACARA program. This reductionhas hasresulted resulted in in the the DV-2009 annual limit being reduced to 50,000. DV visas are divided DV-2009 annual limit being reduced to 50,000. DV visas are divided among geographic regions. No one can receive receive more than seven seven among six six geographic regions. No one country country can more than percent of the available diversity visas in any one year. percent of the available diversity visas in any one year. For immigrant numbers numbers in in the theDV DV category category are are available available to to qualified qualified DVDVFor July, July, immigrant 2009 applicants chargeable chargeable to regions/eligible countries countries as as follows. follows. When When 2009 applicants to all all regions/eligible an this number number is is shown, shown, visas visas are are available available only an allocation allocation cut-off cut-off this only for for applicants DV regional regional lottery lottery rank ranknumbers numbersBELOW BELOW the specified applicants with with DV the specified allocation allocation cut-off cut-off number: number:
Region
All DV DV All Chargeability Chargeability Areas Except Except Areas Those Listed Those Listed Separately Separately
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
Except: Egypt: Egypt: 21,600 21,600
AFRICA
48,700
Ethiopia Ethiopia 21,100 21,100 Nigeria Nigeria 14,400
ASIA
CURRENT CURRENT
EUROPE
CURRENT CURRENT
NORTH AMERICA NORTH AMERICA (( BAHAMAS BAHAMAS ))
CURRENT CURRENT
OCEANIA
CURRENT CURRENT
SOUTH AMERICA, SOUTH AMERICA,
CURRENT CURRENT and the the CARIBBEAN CARIBBEAN
Entitlement to immigrant immigrant status status in in the the DV DV category category lasts lasts only only through through the the end end Entitlement to of fiscal (visa) year for which the The of the the fiscal (visa) year for which the applicant applicant is is selected selectedininthe thelottery. lottery. The year entitlement for for all all applicants applicants registered registered for for the the DV-2009 DV-2009 program program ends ends year of of entitlement as DV visas visas may may not not be be issued issued to to DV-2009 DV-2009 applicants applicants as of of September September 30, 30, 2009. 2009. DV after that dates. dates. Similarly, Similarly,spouses spouses and and children children accompanying accompanying or following to after that or following to join DV-2009 principals principals are derivative DV DV status join DV-2009 are only only entitled entitled to to derivative status until until September DV visa visa availability availability through through the the very very end end of of FY-2009 FY-2009 September 30, 30, 2009. 2009. DV cannot Numbers could could be be exhausted exhausted prior prior to to September September cannot be be taken taken for for granted. granted. Numbers 30. 30. C. C. ADVANCE ADVANCENOTIFICATION NOTIFICATION OF OFTHE THEDIVERSITY DIVERSITY(DV) (DV) IMMIGRANT IMMIGRANT CATEGORY AUGUST CATEGORYRANK RANKCUT-OFFS CUT-OFFSWHICH WHICHWILL WILL APPLY APPLY IN IN AUGUST For immigrantnumbers numbers in inthe theDV DV category category are are available available to to qualified qualified For August, August, immigrant DV-2009 countries as as follows. follows. DV-2009 applicants applicants chargeable chargeable to to all all regions/eligible regions/eligible countries When number is is shown, shown, visas visas are When an an allocation allocation cut-off cut-off number are available available only only for for applicants the specified specified applicants with with DV DV regional regional lottery lottery rank rank numbers numbers below below the allocation allocation cut-off cut-off number: number: All DV All DV Chargeability Chargeability Region Areas Except Areas Except Those Listed Those Listed Separately Separately
Except:
AFRICA
64,300 Egypt Egypt
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
22,750 Ethiopia Ethiopia 22,800 Nigeria Nigeria 15,650
ASIA
CURRENT CURRENT
EUROPE
CURRENT CURRENT
NORTH AMERICA NORTH AMERICA (( BAHAMAS BAHAMAS ))
CURRENT CURRENT
OCEANIA
CURRENT CURRENT
SOUTH AMERICA, SOUTH AMERICA,
and the the CARIBBEAN CARIBBEAN and
CURRENT CURRENT
D. RETROGRESSION RETROGRESSION OF OF AUGUST AUGUST CUTOFF CUTOFF DATES DATES D. It has been been necessary necessary to retrogress the the Mexico Mexico Family Family First First and and Third Third It has to retrogress preference dates, as as well well as as the the China China Employment Employment Second Second preference preference preference cut-off cut-off dates, cut-off date for for July July to to keep keep visa visa issuances issuances within those annual annual category category cut-off date within those numerical numerical limits. limits. E. THE MONTHLY MONTHLY VISA BULLETIN E. OBTAINING OBTAINING THE VISA BULLETIN The State's Bureau Bureau of "Visa The Department Department of of State's of Consular Consular Affairs Affairs offers offers the the monthly monthly "Visa Bulletin"on onthe theINTERNET'S INTERNET'SWORLDWIDE WORLDWIDE WEB. WEB. The The INTERNET INTERNET Web Bulletin" Web address address to access the to access the Bulletin Bulletin is: is: http://travel.state.gov http://travel.state.gov From the home page, page, select select the VISA section Visa Bulletin. From the home the VISA section which which contains contains the the Visa Bulletin. To To be be placed placed on on the the Department Department of of State’s State’s E-mail E-mail subscription subscription list list for for the the "Visa please send following E-mail E-mail address: address: "Visa Bulletin", Bulletin", please send an an E-mail E-mail to to the the following [email protected] [email protected] and the message message body and in in the body type: type: Subscribe Visa-BulletinFirst First name/Last name Subscribe Visa-Bulletin name/Last name (example: SubscribeVisa-Bulletin Visa-Bulletin Sally Doe) (example: Subscribe Sally Doe) To To be be removed removed from from the the Department Department of of State’s State’s E-mail E-mail subscription subscription list list for for the the "Visa send an message to E-mail address address :: "Visa Bulletin", Bulletin", send an e-mail e-mail message to the the following following E-mail
Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=e785a849-ad63-4319-a264-98aea3493c45
[email protected] [email protected] and and in in the the message messagebody bodytype: type:Signoff SignoffVisa-Bulletin Visa-Bulletin The State also also has has available The Department Department of of State available aa recorded recorded message message with with visa visa cutcutoff dates which which can (area code code 202) 663-1541. The The recording recording is is off dates can be be heard heard at: at: (area 202) 663-1541. normally updated by normally updated by the the middle middle of of each each month month with with information information on on cut-off cut-off dates dates for for the the following following month. month. Readers E-mail Readers may may submit submit questions questions regarding regarding Visa Visa Bulletin Bulletin related related items items by by E-mail at the following following address: address: at the [email protected] [email protected]
Disclaimer: This This newsletter is provided provided as as a Disclaimer: newsletter is a public public service service and and not not intended intended to to establish an client relationship. relationship. Any Any reliance reliance on on information information contained contained establish an attorney attorney client herein is own risk. herein is taken taken at at your your own risk.
Siskind Susser Susser Siskind
1028 Oakhaven Oakhaven Rd. Rd. 1028 Memphis, TN TN 38119 Memphis, 38119 T. 800-343-4890 901-682-6455 T. 800-343-4890 or or 901-682-6455 F. 901-682-6394 F. 901-682-6394 Email: [email protected] Email: [email protected]
