A.
STATUTORY NUMBERS
1.
This bulletin summarizes the availability of immigrant numbers during April.
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 March 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 which has been announced in this bulletin.
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:
(F1) 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.
(F2A) Spouses and Children: 77% of the overall second
preference limitation,
of which 75% are exempt from the per-country limit;
B.
(F2B) Unmarried Sons and Daughters (21 years of age or
older): 23% of the overall second preference limitation.
Third:
(F3) Married Sons and Daughters of Citizens: 23,400, plus
any numbers not required by first and second preferences.
Fourth:
(F4) 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.)
| Family- Sponsored |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
INDIA |
MEXICO |
PHILIPPINES |
| F1 |
01MAY04 |
01MAY04 |
01MAY04 |
15FEB93 |
01APR95 |
| F2A |
01APR07 |
01APR07 |
01APR07 |
01JUL06 |
01APR07 |
| F2B |
15APR03 |
15APR03 |
15APR03 |
15JUL92 |
01DEC99 |
| F3 |
15MAR01 |
15MAR01 |
15MAR01 |
08NOV92 |
01JAN92 |
| F4 |
01FEB00 |
01JAN00 |
01FEB00 |
01FEB96 |
08MAR88 |
*NOTE:
For April, F2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates earlier
than 01JUL06. F2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A
numbers provided for MEXICO are exempt from the per-country limit; there are
no F2A numbers for MEXICO subject to per-country limit.)
| Employment- Based |
All Chargeability Areas Except Those Listed
|
CHINA- mainland born |
INDIA |
MEXICO |
PHILIPPINES |
| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
22JUL06 |
08MAY06 |
C |
C |
| 3rd |
22JUL05 |
01MAR04 |
08APR02 |
08MAY04 |
22JUL05 |
| Other Workers |
22JUL03 |
22APR03 |
08APR02 |
22JUL03 |
22JUL03 |
| 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 |
| 5th Pilot Programs |
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-2011 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
April, immigrant numbers in the DV category are available
to qualified DV-2011 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 |
35,450 |
Except: Egypt 27,600
Ethiopia 22,150
Nigeria 14,100 |
| ASIA |
19,250 |
Except:Bangladesh 18,350 |
| EUROPE |
23,200 |
|
| NORTH AMERICA (BAHAMAS) |
8 |
|
| OCEANIA |
1,000 |
|
| SOUTH AMERICA, and the CARIBBEAN |
1,075 |
|
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-2011 program ends as of September 30, 2011. DV visas may not be issued to
DV-2011 applicants after that date. Similarly, spouses and children
accompanying or following to join DV-2011 principals are only entitled to
derivative DV status until September 30, 2011. DV visa availability through
the very end of FY-2011 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 MAY
For May, immigrant numbers in the DV category are available
to qualified DV-2011 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 |
42,000 |
Except: Egypt 31,200
Ethiopia 26,200
Nigeria 15,450
|
| ASIA |
23,500 |
|
| EUROPE |
27,800 |
|
| NORTH AMERICA (BAHAMAS) |
12 |
|
| OCEANIA |
1,175 |
|
| SOUTH AMERICA, and the CARIBBEAN |
1,150 |
|
D.
RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES
Continued
heavy applicant demand for numbers in the Family First (F1) preference
category has required the retrogression of the Worldwide, China-mainland
born, and India cut-off date for the month of April.
Further
retrogressions cannot be ruled out should demand continue at the current
levels for some categories and countries.
E.
OBTAINING THE MONTHLY VISA BULLETIN
The
Department of State's Bureau of Consular Affairs offers the monthly
"Visa Bulletin" on the INTERNET'S WORLDWIDE WEB. The INTERNET Web
address to access the Bulletin is:
http://travel.state.gov
From
the home page, select the VISA section which contains the Visa Bulletin.
To
be placed on the Department of State’s E-mail
subscription list for the “Visa Bulletin”, please send an E-mail to the
following E-mail address:
listserv@calist.state.gov
and
in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To
be removed from the Department of State’s E-mail
subscription list for the “Visa Bulletin”, send an
e-mail message to the following E-mail address:
listserv@calist.state.gov
and
in the message body type: Signoff Visa-Bulletin
The
Department of State also has available a recorded message with visa cut-off
dates which can be heard at: (area code 202) 663-1541. The recording is
normally updated by the middle of each month with information on cut-off
dates for the following month.
Readers
may submit questions regarding Visa Bulletin related items by
E-mail at the following address:
VISABULLETIN@STATE.GOV
(This
address cannot be used to subscribe to the Visa Bulletin.)
Department
of State Publication 9514
CA/VO:March 8, 2011