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DEPARTMENT OF STATE VISA NUMBERS FOR MARCH 1998

IMMIGRANT NUMBERS FOR MARCH 1998 

A. STATUTORY NUMBERS 

1. This bulletin summarizes the availability of immigrant numbers during
March. Consular officers are required to report to the Department of State
documentarily qualified applicants for numerically limited visas; the
Immigration and Naturalization Service reports applicants for adjustment of
status. Allocations were made, to the extent possible under the numerical
limitations, for the demand received by February 9th in the chronological
order of the reported priority dates. If the demand could not be satisfied
within the statutory or regulatory limits, the category or foreign state
in which demand was excessive was deemed oversubscribed. The cut-off date
for an oversubscribed category is the priority date of the first applicant
who could not be reached within the numerical limits. Only applicants who
have a priority date earlier than the cut-off date may be allotted a number.
Immediately that it becomes necessary during the monthly allocation
process to retrogress a cut-off date, supplemental requests for numbers
will be honored only if the priority date falls within the new cut-off
date. 

2. 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. 

3. 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. 

4. 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) provides 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: CHINA-mainland born, 
INDIA, MEXICO, and PHILIPPINES. 

5. On the chart below, the listing of a date for any class indicates 
that the class is oversubscribed (see paragraph 1); "C" means current, 
i.e., numbers are available for all qualified applicants; and "U" means 
unavailable, i.e., no numbers are available. (NOTE: Numbers are 
available only for applicants whose priority date is earlier than 
the cut-off date listed below.) 
PREFERENCES
        All Charge-
        ability Areas   CHINA-   
        Except Those    mainland    
        Listed        born    INDIA    MEXICO   PHILIPPINES
Family

1st           08JUL96  08JUL96   08JUL96   01JUL93 22DEC86

2A*           15OCT93  15OCT93   15OCT93   08DEC92 15OCT93

2B            15AUG91  15AUG91   15AUG91   01JUN91 15AUG91

3rd           22SEP94  22SEP94   22SEP94   01MAY89 15NOV86

4th           01OCT87  01OCT87   22JAN86   15JAN87 15APR78

*NOTE: For March, 2A numbers EXEMPT from per-country limit are available 
to applicants from all countries with priority dates earlier than 
08DEC92. 2A numbers SUBJECT to per-country limit are available to 
applicants chargeable to all countries EXCEPT MEXICO with priority 
dates beginning 08DEC92 and earlier than 15OCT93. (All 2A numbers 
provided for MEXICO are exempt from the per-country limit; there are 
no 2A numbers for MEXICO subject to per-country limit.)
 
           All Charge-
           ability Areas CHINA-   
           Except Those mainland    
           Listed born    INDIA     MEXICO    PHILIPPINES
Employment-
  Based

1st                    C 22MAY97      C        C    C   

2nd                    C 15APR96   22JUN96      C    C 

3rd                    C 01FEB94   08MAY95      C    C   

  Other             01MAR91 01MAR91   01MAR91   01MAR91 01MAR91
    Workers

4th                    C    C      C        C    C

  Certain           01JUL97 01JUL97   01JUL97   01JUL97 01JUL97   
    Religious      
    Workers

5th                    C           C         C         C    C 

  Targeted Employ-     C           C         C         C    C 
    ment Areas/
    Regional Centers
The Department of State has available a recorded message with visa 
availability information which can be heard at (202) 663-1541. This 
recording will be updated in the middle of each month with information 
on cut-off dates for the following month.
 
B. DIVERSITY IMMIGRANT (DV) CATEGORY 

Section 203(c) of the Immigration and Nationality Act provides 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. DV visas are divided among six 
geographic regions. Not more than 3,850 visas (7% of the 55,000 visa 
limit) may be provided to immigrants from any one country. 
For March, immigrant numbers in the DV category are available to 
qualified DV-98 applicants chargeable to all regions/eligible countries 
on a "CURRENT" basis, except as listed below. 

                 All DV Charge-
                 ability Areas
                 Except Those
  Region         Listed Separately
 
  AFRICA              AF 27,200        

  ASIA                AS 10,641      EXCEPT: BANGLADESH  AS 6,002
 
  EUROPE              EU 17,711      EXCEPT: ALBANIA  EU 10,229
      BULGARIA EU 13,653  
                                                 
  NORTH AMERICA       CURRENT
   (BAHAMAS)
 
  OCEANIA             CURRENT  
 
  SOUTH AMERICA,      CURRENT
    CENTRAL AMERICA,
    and the CARIBBEAN

(NOTE: It remains to be seen if applicant demand will increase 
sufficiently to require oversubscription of any other region/country 
in a subsequent month.) 

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-98 program ends as of September 30, 1998. DV visas may not 
be issued to DV-98 applicants after that date. Similarly, spouses 
and children accompanying or following to join DV-98 principals are 
only entitled to derivative DV status until September 30, 1998. DV 
visa availability through the very end of FY-1998 cannot be taken 
for granted. Numbers could be exhausted prior to September 30. Once 
all numbers provided by law for the DV-98 program have been used, no 
further issuances will be possible. 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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