Availability of Immigrant Visa Numbers for August, 2013

By: Allen E. Kaye

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 September 1, 2006 for all chargeability areas, China (mainland born), and India. Mexico moved to September 1, 1993. The Philippines moved to January 1, 2001.

The 2A second preference (spouses and unmarried children of permanent residents—subject to per country limit) category moved forward to current for all chargeability areas, China (mainland born), India, and the Philippines. Mexico also moved to current.

The 2B second preference (unmarried sons and daughters, 21 years of age or older, of permanent residents) category moved to December 1, 2005 for all chargeability areas, including China (mainland born) and India.  Mexico moved to February 1, 1994. The Philippines remained at December 22, 2002.

The F3 third preference (married sons and daughters of U.S. citizens) category moved forward to December 8, 2002 for all chargeability areas, China (mainland born), and India.  Mexico moved to May 1, 1993. The Philippines moved to December 1, 1992.

The F4 fourth preference (brothers and sisters of adult U.S. citizens) category moved to June 22, 2001 for all chargeability areas, India, China (mainland born). Mexico remained at September 22, 1996. The Philippines moved to January 8, 1990.

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 moved to January 1, 2008 and China moved back from August 8, 2008 to January 1, 2008.

The E3 third preference (skilled workers and professionals) category remained at January 1, 2009 for all chargeability areas, China (mainland born) and Mexico.  India remained at January 22, 2003. The Philippines moved to October 22, 2006.

The EW third preference other workers (unskilled workers) category remained at January 1, 2009 for all chargeability areas and Mexico. India remained at January 22, 2003. China remained at March 22, 2004. The Philippines moved to October 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 August, 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: 81,200;
Except:   Nigeria 19,800

ASIA: Current;

EUROPE:       Current;
Except:            Uzbekistan 19,000

NORTH AMERICA (BAHAMAS):            3;

OCEANIA:     1,600;

SOUTH AMERICA and the CARIBBEAN:            Current

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.

VISA AVAILABILITY

FAMILY-sponsored:

F2A: This category has become “Current” for August, and is expected to remain so for the next several months.  This action has been taken in an effort to generate an increased level of demand.  Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.

EMPLOYMENT-based:

India Second:  This cut-off date has been advanced in an effort to fully utilize the numbers available under the overall Employment Second preference annual limit.  It is expected that such movement will generate a significant amount of new India demand during the coming months.

These changes for the Family F2A, and India Employment Second preference categories reflect actions which have been taken based on current applicant demand patterns.  Readers should expect that some type of “corrective” action will be required at some point during FY-2014 in an effort to maintain number use within the applicable annual limits.  Such action would involve the establishment and retrogression of such cut-off dates, and could occur at any time.