Allen E. Kaye: New York Attorney, US Immigration Law, Citizenship, Naturalization, Visa

Law Offices of:

Allen E. Kaye, P.C.
111 Broadway, 13th Floor
New York, NY 10006
Tel: (212) 964-5858
Fax: (212) 608-3734

Availability of Immigrant Visa Numbers for January, 2008

Family-sponsored categories

All chargeability areas
except the countries
separately listed

China (Mainland born)
India
Mexico

Philippines

F1
Unmarried Sons & Daughters of U.S. Citizens
01 FEB 02

01 FEB 02
01 FEB 02
01 JUL 92

22 NOV 92

F2A
Spouses & Unmarried Children of Permanent Residents
- Subject to Per Country Limit
22 FEB 03

22 FEB 03
22 FEB 03
01 MAY 02

22 FEB 03

F2B
Unmarried Sons & Daughters (21 years of age or older)
of Permanent Residents
22 NOV 98

22 NOV 98
22 NOV 98
22 MAR 92

15 JAN 97

F3
Married Sons & Daughters of U.S. Citizens
08 MAY 00

08 MAY 00
08 MAY 00
08 JULY 92

01 APR 91

F4

Brothers & Sisters of Adult U.S. Citizens

08 JULY 97

01 NOV 96
15 SEPT 96
01 OCT 94

01 FEB 96

Employment-based categories

All chargeability areas
except the countries
separately listed

China (Mainland born)
India
Mexico

Philippines

E1

Priority workers

C

C

C

C

C

E2

Professionals Holding Advanced Degree or Persons of Exceptional Ability

C

01 JAN 03

01 JAN 00

C

C

E3

Skilled Workers & Professionals

15 OCT 02

01 NOV 01

01 MAY 01

22 APR 01

15 OCT 02

EW

Other Workers (Unskilled Workers)

01 OCT 01

01 OCT 01

01 OCT 01

01 OCT 01

01 OCT 01

E4

Certain Special Immigrants

C

C

C

C

C

E4

Certain Religious Workers (SR)

C

C

C

C

C

E5

Employment Creation (Investors)

C

C

C

C

C

E5

Employment Creation (Investors in Targeted Employment Areas)

C

C

C

C

C

C = Current
U = Unavailable
Cut-off date = The cut-off date for an oversubscribed country is the priority date
of the first applicant who could not be reached within the statutory limits.
Only applicants who have priority dates earlier that the cut-off date may be allocated a number

The first preference (unmarried sons and daughters of U.S. citizens) category moved three weeks to February 01, 2002 for all chargeability areas, China (Mainland born) and India. The Philippines moved two months to November 22, 1992. Mexico remained unchanged at July 01, 1992.

The 2A second preference (spouses and unmarried children of permanent resident—subject to per country limit) category moved five weeks to February 22, 2003 for all chargeability areas, China (Mainland born), India, and the Philippines. Mexico remained unchanged at May 01, 2002.

The 2B second preference (Unmarried sons and daughters, 21 years of age or older, of permanent residents—subject to per country limit) category moved five weeks to November 22, 1998 for all chargeability areas, including China (Mainland born) and India. The Philippines moved two weeks to January 15, 1997. Mexico moved one week to March 22, 1992.

The F3 third preference (married sons and daughters of U.S. citizens) category moved one month to May 08, 2000 for all chargeability areas, China (Mainland born) and India. Mexico remained unchanged at July 08, 1992. The Philippines remained unchanged at April 01, 1991.

The F4 fourth preference (brothers and sisters of adult U.S. citizens) category moved two weeks to July 08, 1997 for all chargeability areas. China (Mainland born) moved three weeks to November 01, 1996. India moved one month to September 15, 1996. Mexico moved one week to October 01, 1994. The Philippines moved eleven weeks to February 01, 1986.

EMPLOYMENT-BASED PREFERENCES

The E1 first preference (Priority Workers) category remains current for all chargeability areas including China (Mainland Born), India, Mexico, and the Philippines.

The E2 second preference (professionals holding advanced degrees or persons of exceptional ability) category remains current for all chargeability areas including Mexico and Philippines. China (Mainland Born) remains unchanged at January 01, 2003 and India has retrogressed two years to January 01, 2000.

The E3 third preference (skilled workers and professionals) category moved six weeks to October 15, 2002 for all chargeability areas and the Philippines; China (Mainland Born) moved two weeks to November 01, 2001. India remains unchanged at May 1, 2001 and Mexico remains unchanged at April 22, 2001.

The EW third preference – other workers (unskilled workers) category remained at October 01, 2001 for all chargeability areas, including China (Mainland Born), India, Mexico and the Philippines.

The E4 fourth preference (certain special immigrants) category remains current for all chargeability areas, including China (Mainland Born), India, Mexico and the Philippines.

The E4 fourth preference (certain religious workers,) category remains current for all chargeability areas, including China (Mainland Born), India, Mexico and the Philippines

The E5 fifth preference – employment creation (investors) category remains current for all chargeability areas, including China (Mainland Born), India, Mexico and the Philippines.

NOTE: that “immediate relatives” (husbands and wives, under 21-years-old unmarried children and parents of U.S. citizens over 21 years of age) are not included in this listing of employment visa numbers as they do not need a visa number.

DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

1. 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.

2. 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.

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) provided 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 chargeability areas: INDIA, MEXICO, PHILIPPINES and CHINA (Mainland Born). This limits the number of visas available to immigrants chargeable to these countries in the various preference categories.

EMPLOYMENT PREFERENCE VISA AVAILABILITY

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.

INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY

It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.

DIVERSITY IMMIGRANT (DV) CATEGORY

For January, 2008 immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows:

All DV Chargeability Areas Except Those Listed Separately
Region

AFRICA: 13,100; EXCEPT EGYPT: 11,000; ETHIOPIA: 8,600 and NIGERIA: 7,200;
ASIA: 6,100;
EUROPE: 13,600;
NORTH AMERICA (BAHAMAS): 3;
OCEANIA: 775;
SOUTH AMERICA and the CARIBBEAN: 1,075

TOP>