Visa Bulletin for April 2007
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 Bureau of
Citizenship and Immigration Services in the Department of Homeland Security
reports applicants for adjustment of status. Allocations were made, to the
extent possible under the numerical limitations, for the demand received by
March 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.
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,
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.)
|
Fam-ily |
All Charge-
ability Areas Except Those Listed |
CHINA-mainland
born |
|
|
PHILIPP-INES |
|
1st |
08MAY01 |
08MAY01 |
08MAY01 |
01JAN94 |
22FEB92 |
|
2A |
01APR02 |
01APR02 |
01APR02 |
01DEC00 |
01APR02 |
|
2B |
15AUG97 |
15AUG97 |
15AUG97 |
01MAR92 |
01OCT96 |
|
3rd |
22MAR99 |
22MAR99 |
22MAR99 |
08FEB88 |
01JAN85 |
|
4th |
01MAY96 |
15OCT95 |
01JAN96 |
08JUN94 |
01NOV84 |
*NOTE:
For April, 2A numbers EXEMPT from per-country limit are available
to applicants from all countries with priority dates earlier than 01DEC00. 2A
numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT
|
|
All |
CHINA- |
|
|
PHILIP-PINES |
|
Employ-ment |
|
|
|
|
|
|
1st |
C |
C |
C |
C |
C |
|
2nd
|
C |
22APR05 |
08JAN03 |
C |
C |
|
3rd
|
01AUG02 |
01AUG02 |
08MAY01 |
15MAY01 |
01AUG02 |
|
Other |
01OCT01 |
01OCT01 |
01OCT01 |
01OCT01 |
01OCT01 |
|
4th
|
C |
C |
C |
C |
C |
|
Certain
Religious Workers |
C |
C |
C |
C |
C |
|
Iraqi
& Afghani Translators |
18SEP06 |
18SEP06 |
18SEP06 |
18SEP06 |
18SEP06 |
|
5th
|
C |
C |
C |
C |
C |
|
Targeted
Employ-ment Areas/ |
C |
C |
C |
C |
C |
The
Department of State has available a recorded message with visa availability
information which can be heard at: (area code 202) 663-1541. This recording
will be updated in the middle of each month with information on cut-off dates
for the following month.
Employment
Third Preference Other Workers Category: Section 203(e) of the NACARA, as
amended by Section 1(e) of Pub. L. 105 - 139, provides that once the Employment
Third Preference Other Worker (EW) cut-off date has reached the priority date
of the latest EW petition approved prior to November 19, 1997, the 10,000 EW
numbers available for a fiscal year are to be reduced by up to 5,000 annually
beginning in the following fiscal year. This reduction is to be made for as
long as necessary to offset adjustments under the NACARA program. Since the EW
cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction
in the EW annual limit to 5,000 began in Fiscal Year 2002.
B.
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
For
April, immigrant numbers in the DV category are available to qualified DV-2007
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:
|
Region |
All DV Chargeability Areas
Except Those Listed Separately |
|
|
|
17,700 |
Except: |
|
|
5,125 |
|
|
|
15,100 |
Except: |
|
NORTH
AMERICA ( |
7 |
|
|
|
825 |
|
|
SOUTH
AMERICA, and the |
1,240 |
|
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-2007 program ends as of
September 30, 2007. DV visas may not be issued to DV-2007 applicants after that
date. Similarly, spouses and children accompanying or following to join DV-2007
principals are only entitled to derivative DV status until September 30, 2007.
DV visa availability through the very end of FY-2007 cannot be taken for
granted. Numbers could be exhausted prior to September 30.
C.
ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS
WHICH WILL APPLY IN MAY
For May,
immigrant numbers in the DV category are available to qualified DV-2007
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:
|
Region |
All DV Chargeability Areas
Except Those Listed Separately |
|
|
|
20,550 |
Except: |
|
|
5,825 |
|
|
|
16,000 |
Except: |
|
NORTH
AMERICA ( |
7 |
|
|
|
900 |
|
|
SOUTH
AMERICA, and the |
1,450 |
|
D.
RETROGRESSION OF THE MEXICO AND PHILIPPINES FAMILY THIRD PREFERENCE CATEGORY
CUT-OFF DATES
It has been necessary to retrogress the cut-off dates for the Mexico and Philippines
Family Third preference category for the month of April in an attempt to keep
the issuance level within the annual numerical limit. Further retrogression or
“unavailability” in future months cannot be ruled out.
E.
VISA AVAILABILITY DURING THE COMING MONTHS
Family-sponsored:
It is likely that the Mexico Family First preference cut-off date will
retrogress for the month of May.
Employment-based: It is likely that the Employment Third Preference “Other
Worker” (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy
demand for numbers, primarily for adjustment of status cases at Citizenship and
Immigration Services Offices.
F.
OBTAINING THE MONTHLY VISA BULLETIN
The
Department of State's Bureau of Consular Affairs offers the monthly "Visa
Bulletin" on the INTERNET'S WORLDWIDE WEB. The INTERNET Web address to
access the Bulletin is:
http://travel.state.gov
From the
home page, select the VISA section which contains the Visa Bulletin.
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The
Department of State also has available a recorded message with visa cut-off
dates which can be heard at: (area code 202) 663-1541. The recording is
normally updated by the middle of each month with information on cut-off dates
for the following month.
Readers
may submit questions regarding Visa Bulletin related items by E-mail at the
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