Availability of Immigrant Visa Numbers for March, 2008

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

Only applicants who have priority dates earlier than the cut-off date may be allocated a number

The first preference (unmarried sons and daughters of U.S. citizens) category moved one week to February 15, 2002 for all chargeability areas, China (Mainland born) and India. The Philippines also moved five weeks to March 01, 1993. 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 one month to April 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 five weeks to February 08, 1999 for all chargeability areas, including China (Mainland born) and India. The Philippines moved one week to February 01, 1997. Mexico also moved one week to April 01, 1992.

The F3 third preference (married sons and daughters of U.S. citizens) category moved one week to May 15, 2000 for all chargeability areas, China (Mainland born) and India. Mexico also moved one week to July 15, 1992. The Philippines remained unchanged at April 01, 1991.

The F4 fourth preference (brothers and sisters of adult U.S. citizens) category moved one week to July 15, 1997 for all chargeability areas. China (Mainland born) moved two weeks to December 01, 1996. India moved three weeks to November 01, 1996. Mexico moved two weeks to November 15, 1994. The Philippines moved one week to February 22, 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) moved 11 months to December 01, 2003 and for India remains unavailable.

The E3 third preference (skilled workers and professionals) category moved two years and two months to January 01, 2005 for all chargeability areas and the Philippines; China (Mainland Born) moved one year, two weeks to December 01, 2002. India moved two months and three weeks to August 01, 2001 and Mexico moved one week to May 01, 2001.

The EW third preference – other workers (unskilled workers) category moved three months to January 01, 2002 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 REMAINS “UNAVAILABLE”

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months.  As a result the annual limit for the India Employment Second preference category has been reached, and the category remains “unavailable”. 

DIVERSITY IMMIGRANT (DV) CATEGORY

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

All DV Chargeability Areas Except Those Listed Separately
Region

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