Availability of Immigrant Visa Numbers for December, 2007

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	08 JAN 02	08 JAN 02	08 JAN 02	01 JUL 92	22 SEPT 92
F2A	Spouses & Unmarried Children of Permanent Residents - Subject to Per Country Limit	15 NOV 03	15 NOV 03	15 NOV 03	01 MAY 02	15 NOV 03
F2B	Unmarried Sons & Daughters (21 years of age or older) of Permanent Residents	15 OCT 98	15 OCT 98	15 OCT 98	15 MAR 92	01 JAN 97
F3	Married Sons & Daughters of U.S. Citizens	08 APR 00	08 APR 00	08 APR 00	08 JULY 92	01 APR 91
F4	Brothers & Sisters of Adult U.S. Citizens	22 JUNE 97	08 OCT 96	15 AUG 96	22 SEPT 94	08 NOV 85
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 02	C	C
E3	Skilled Workers & Professionals	01 SEPT 02	15 OCT 01	01 MAY 01	22 APR 01	01 SEPT 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 one month to January 8, 2002 for all chargeability areas, China (Mainland born) and India. The Philippines moved two months to September 22, 1992. Mexico moved one month to July 01, 1992.

The 2A second preference (spouses and unmarried children of permanent resident—subject to per country limit) category moved one month to January 15, 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 one month to October 15, 1998 for all chargeability areas, including China (Mainland born) and India. The Philippines moved 10 days to January 1, 1997. Mexico remained unchanged at March 15, 1992.

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

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) has retrogressed to January 01, 2003 and India has retrogressed to January 01, 2002.

The E3 third preference (skilled workers and professionals) category moved one month to September 01, 2002 for all chargeability areas and the Philippines; China (Mainland Born) moved one month to October 15, 2001. India moved one month to My 1, 2001 and Mexico remains 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 remained current for all chargeability areas, including China (Mainland Born), India, Mexico and the Philippines. (Mainland Born), India, Mexico and the Philippines.

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

The E5 fifth preference – employment creation (investors) category has become 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.

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.

CHINA-MAINLAND BORN AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATES RETROGRESS FOR DECEMBER

It has been necessary to retrogress both the China-mainland born and India Employment Second preference cut-off dates.  This is a direct result of extraordinarily heavy applicant demand for numbers, primarily by Citizenship and Immigration Services offices for adjustment of status cases.  Additional retrogressions cannot be ruled out during the second quarter of the fiscal year. 

IMMIGRANT VISA AVAILABILITY DURING THE COMING MONTHS

The following projections are based on the demand patterns which are currently being experienced.  Fluctuations in demand could alter such projections at any time.  Therefore, they should only be used as a guideline of what might occur. Under no circumstances should they be used as a basis for making any formal plans prior to the announcement of the monthly cut-off dates. 

Family Preferences - Worldwide: Movement consistent with that of recent months can be expected for the  foreseeable future.

Employment Preferences - Worldwide and Philippines:

First:   Will remain “Current”

Second:  Will remain “Current”

Third:  Slow forward movement should be possible while demand patterns are established. 

CHINA-mainland born and INDIA:

Employment Preferences:

First: Continued heavy demand may require the establishment of a cut-off date at some point during the fiscal year.

Second: Demand during October and the first week of November has already used over 38 percent of the annual limit. It is hoped that the December retrogressions will return monthly number use within the target range. If not, further retrogressions cannot be ruled out.

DIVERSITY IMMIGRANT (DV) CATEGORY

For December, 2007, 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: 11,100; EXCEPT EGYPT: 8,400; ETHIOPIA: 6,950 and NIGERIA: 6,900;
ASIA: 4,750;
EUROPE: 11,100;
NORTH AMERICA (BAHAMAS): 3;
OCEANIA: 300;
SOUTH AMERICA and the CARIBBEAN: 675.

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