Availability of Immigrant Visa Numbers for June, 2013
By: Allen E. Kaye
| 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 | 22 APR 06 | 22 APR 06 | 22 APR 06 | 15 AUG 93 | 01 JAN 00 |
| F2A | Spouses & Unmarried Children of Permanent Residents – Subject to Per Country Limit | 08 JUN 11 | 08 JUN 11 | 08 JUN 11 | 08 MAY 11 | 08 JUN 11 |
| F2B | Unmarried Sons & Daughters (21 years of age or older) of Permanent Residents | 08 JUL 05 | 08 JUL 05 | 08 JUL 05 | 15 JUN 93 | 01 NOV 02 |
| 3rd | Married Sons & Daughters of U.S. Citizens | 01 SEP 02 | 01 SEP 02 | 01 SEP 02 | 08 APR 93 | 15 NOV 92 |
| 4th | Brothers & Sisters of Adult U.S. Citizens | 01 MAY 01 | 01 MAY 01 | 01 MAY 01 | 15 SEP 96 | 08 NOV 89 |
| 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 | 15 JUL 08 | 01 SEP 04 | C | C |
| E3 | Skilled Workers & Professionals | 01 SEP 08 | 01 SEP 08 | 08 JAN 03 | 01 SEP 08 | 22 SEP 06 |
| EW | Other Workers (Unskilled Workers) | 01 SEP 08 | 22 OCT 03 | 08 JAN 03 | 01 SEP 08 | 22 SEP 06 |
| 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 |
| E5 | Pilot Programs | C | C | C | C | C |
C = Current
U = Unavailable
Cut-off date = The cut-off date is the priority date of the first applicant who could not be reached within the statutory limit for the month.
Only applicants who have priority dates earlier than the cut-off date may be allocated a number
FAMILY-SPONSORED PREFERENCES
The first preference (unmarried sons and daughters of U.S. citizens) category moved to April 22, 2006 for all chargeability areas, China (mainland born), and India. Mexico moved to August 15, 1993. The Philippines moved to January 1, 2000.
The 2A second preference (spouses and unmarried children of permanent residents—subject to per country limit) category moved forward to June 8, 2011 for all chargeability areas, China (mainland born), India, and the Philippines. Mexico moved to May 8, 2011.
The 2B second preference (unmarried sons and daughters, 21 years of age or older, of permanent residents) category moved to July 8, 2005 for all chargeability areas, including China (mainland born) and India. Mexico moved to June 15, 1993. The Philippines moved to November 1, 2002.
The F3 third preference (married sons and daughters of U.S. citizens) category moved forward to September 1, 2002 for all chargeability areas, China (mainland born), and India. Mexico moved to April 8, 1993. The Philippines moved to November 15, 1992.
The F4 fourth preference (brothers and sisters of adult U.S. citizens) category moved to May 1, 2001 for all chargeability areas, India, China (mainland born). Mexico moved September 15, 1996. The Philippines moved to November 8, 1989.
NOTE: “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 family-sponsored preferences as they do not need a visa number.
EMPLOYMENT-BASED PREFERENCES
The E1 first preference (Priority Workers) category remained current for all chargeability areas including China (mainland born), India, Mexico, Philippines.
The E2 second preference (professionals holding advanced degrees or persons of exceptional ability) category is current for all chargeability areas, Mexico and Philippines. India remained at September 1, 2004 and China moved to July 15, 2008.
The E3 third preference (skilled workers and professionals) category moved to September 1, 2008 for all chargeability areas, China (mainland born) and Mexico. India moved to January 8, 2003. The Philippines moved to September 22, 2006.
The EW third preference other workers (unskilled workers) category moved to September 1, 2008 for all chargeability areas and Mexico. India moved to January 8, 2002. China moved to October 22, 2003. The Philippines moved to September 22, 2006.
The E4 fourth preference (certain special immigrants) category remains current for all chargeability areas, China (mainland born), India, Mexico and the Philippines.
The E4 fourth preference (certain religious workers,) category is current for all chargeability areas and China (mainland born), India, Mexico, and Philippines.
The E5 fifth preference – employment creation (investors) category remains current for all chargeability areas, China (mainland born), India, Mexico, and the Philippines. Employment Creation (Investors in Targeted Employment Areas) category remained current for all chargeability areas, China (mainland born), India, Mexico, and the Philippines. Pilot programs are current for all chargeability areas, China (mainland born), India, Mexico, and the Philippines.
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 oversubscribed 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.
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-2013 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 March, immigrant numbers in the DV category are available to qualified DV-2013 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:
All DV Chargeability Areas Except Those Listed Separately
Region
AFRICA: 56,000;
Except: Egypt 25,000
Ethiopia 36,000
Nigeria 17,000
ASIA: 9,850;
EUROPE: 33,000;
Except: Uzbekistan 16,850
NORTH AMERICA (BAHAMAS): 3;
OCEANIA: 1,450;
SOUTH AMERICA and the CARIBBEAN: 1,500
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-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row. This recent movement of the dates is not indicative of what can be expected in the future. Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months. Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of time.
