
STATE DEPARTMENT VISA BULLETIN A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during April.
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
March 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.
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.
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 15NOV97 15NOV97 15NOV97 01AUG93 08JUL87
2A* 22SEP94 22SEP94 22SEP94 22AUG93 22SEP94
2B 15MAY92 15MAY92 15MAY92 22JUL91 15MAY92
3rd 15JUL95 15JUL95 15JUL95 01SEP90 15MAY87
4th 22JUN88 22JUN88 01JUL86 15FEB88 15NOV78
*NOTE: For April, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22AUG93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22AUG93 and earlier than 22SEP94. (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 01MAR98 C C C
2nd C 15NOV96 15OCT97 C C3rd C 22FEB95 01MAR96 C C
Other 01AUG92 01AUG92 01AUG92 01AUG92 01AUG92
Workers
4th C C C C C
Certain C C C C C
Religious
Workers
5th C 22APR98 C C C
Targeted Employ- C 22APR98 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 50,000 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 3,500 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country.
For April, immigrant numbers in the DV category are available to qualified DV-99 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 Charge-
ability Areas
Except Those
Listed Separately
Region
AFRICA AF 21,615
ASIA AS 6,366
EXCEPT: BANGLADESH AS 5,950
EUROPE EU 16,350
EXCEPT: ALBANIA EU 11,060
NORTH AMERICA NA 24
(BAHAMAS)
OCEANIA OC 690
SOUTH AMERICA, SA 2,075
CENTRAL AMERICA,
and the CARIBBEAN
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-99 program ends
as of September 30, 1999. DV visas may not be issued to DV-99 applicants
after that date. Similarly, spouses and children accompanying or following
to join DV-99 principals are only entitled to derivative DV status until
September 30, 1999. DV visa availability through the very end of FY-1999
cannot be taken for granted. Numbers could be exhausted prior to
September 30. Once all numbers provided by law for the DV-99 program
have been used, no further issuances will be possible.

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