< back
STATE DEPARTMENT VISA BULLETIN
 
 
VISA BULLETIN
Number 3
Volume VIII
Washington, D.C.
IMMIGRANT NUMBERS FOR MARCH 1999
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 8th 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, plusany 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                15OCT97    15OCT97     15OCT97  01AUG93     08JUN87
2A*                22AUG94    22AUG94     22AUG94  22JUL93     22AUG94
2B                 22APR92    22APR92     22APR92  15JUL91     22APR92
3rd                08JUL95    08JUL95     08JUL95   22JUL90     22APR87
4th                08JUN88    08JUN88     01JUN86  08JAN88     08OCT78

*NOTE:  For March, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 22JUL93.  2A numbers SUBJECT to
per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with
priority dates beginning 22JUL93 and earlier than 22AUG94.  (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 22JAN98     C      C        C
2nd                    C 08SEP96     08SEP97  C         C
3rd                    C 01JAN95     08FEB96  C         C
  Other           01JUL92       01JUL92     01JUL92  01JUL92   01JUL92
    Workers
4th                    C    C        C     C         C
  Certain              C    C        C     C         C
    Religious
    Workers
5th                    C        15JAN98        C     C         C
  Targeted Employ-     C        15JAN98        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 March, 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
  Region         Listed Separately
  AFRICA              AF 17,048
  ASIA                AS  4,661
  EUROPE              EU 14,490      EXCEPT: ALBANIA  EU 8,876
  NORTH AMERICA       NA     24
   (BAHAMAS)
  OCEANIA             OC    543
  SOUTH AMERICA,      SA  1,850
    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.
C. VISA SERVICES AT ISTANBUL, TURKEY
The Consulate General at Istanbul, Turkey processes only NONIMMIGRANT
visas other than Fiance (K) visas.  IMMIGRANT and FIANCE (K) visa
services for residents of Turkey are provided by the American Embassy at
Ankara, Turkey.  This information is noted because many inquiries being
received at Istanbul concern categories which that office does not
handle.