1. This bulletin summarizes the availability of immigrant numbers during May. 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 April 7th 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. The fiscal year 1997 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The fiscal year 1997 limit for employment-based preference immigrants calculated under INA 201 is 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 for FY-1997. 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 300 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: 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 Except Those Listed INDIA MEXICO PHILIPPINES Family 1st 08APR96 08APR96 01FEB93 18JUL86 2A* 01MAR93 01MAR93 22JUN92 01MAR93 2B 08APR91 08APR91 08APR91 08APR91 3rd 22FEB94 22FEB94 15APR88 22DEC85 4th 01NOV86 01MAR85 08FEB86 22DEC77*NOTE: For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUN92. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN92 and earlier than 01MAR93. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.)
All Charge-
ability Areas
Except Those
Listed INDIA MEXICO PHILIPPINES
Employment-
Based
1st C C C C
2nd C C C C
3rd C 01APR95 C C
Other 01APR90 01APR90 01APR90 01APR90
Workers
4th C C C C
Certain C C C C
Religious
Workers
5th C C C C
Targeted Employ 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 provide 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 May, immigrant numbers in the DV category are available to qualified 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 40,390 EXCEPT: GHANA AF 10,730
NIGERIA AF 09,750
ASIA AS 11,020 EXCEPT: BANGLADESH AS 09,360
EUROPE EU 30,001 EXCEPT: ALBANIA EU 17,981
POLAND EU 06,410
NORTH AMERICA CURRENT
(BAHAMAS)
OCEANIA OC 416
SOUTH AMERICA, SA 2,150
CENTRAL AMERICA,
and the CARIBBEAN
(NOTE: Heavy applicant demand has resulted in the retrogression of the Oceania
cut-off for and the establishment of a regional cut-off for South America for
May.)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-97 program ends as of September 30, 1997. DV visas may not be issued to DV-97 applicants after that date. Similarly, spouses and children accompanying or following to join DV-97 principals are only entitled to derivative DV status until September 30, 1997.
C. VISA AVAILABILITY FOR THE "SR" (CERTAIN RELIGIOUS WORKER) CLASSES
Heavy applicant demand for numbers (particularly for adjustment of status cases at INS offices) is likely to oversubscribe the "SR" (certain religious worker) visa category and require the establishment of a worldwide "SR" cut-off date in the near future. (This concerns "SR" cases only, and not "SD" Ministers of Religion or any other Employment Fourth preference applicant class.)
D. VARIOUS DETERMINATIONS OF NUMERICAL LIMITS ON IMMIGRANTS
REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT
INA 201(c) specifies that the worldwide level of family-sponsored preference immigrants for a fiscal year is equal to:
480,000,
minus the number of immigrants described in subparagraphs (A)
and (B) of INA 201(b)(2) who, in the previous fiscal
year, were issued immigrant visas or who otherwise
acquired lawful permanent resident status*,
plus employment preference immigrant numbers which were
unused during the previous fiscal year.
Under INA 201, however, the family-sponsored preference limitation for any fiscal
year may not be less than 226,000.Immediate Relative Immigrant Totals for FY 1996:
Immigrant visa workload reports received by the Department of State from consular posts worldwide show that during FY 1996 a total of 147,883 immediate relative (IR) visas were issued. This total is subject to a net reduction of 92, however, to take account of issued visas returned unused to consular offices and thus "recaptured" under INA 206.
Figures on adjustments of status at local offices of the Immigration and Naturalization Service compiled and provided by INS Headquarters indicate that a total of 157,026 immigrants were granted lawful permanent residence at INS offices in the U.S. during FY 1996 in the categories for spouses, children and parents of United States citizens; this figure includes persons who acquired permanent residence after having been admitted in nonimmigrant "K" (fiance(e)) status. Another 21 children accompanying immediate relative parents were admitted under INA 211(a).
INS admission figures record 1,651 children accorded permanent resident status after birth abroad to a permanent resident of the United States.
Employment Preference Number Use for FY 1996:
The employment-based preference limit for FY 1996 was 140,000. (Visa Bulletin No. 61, Vol. VII, dated March 8, 1996 provided information on FY 1996 limitations.) A total of 118,176 of these numbers were used for FY 1996 visa issuances or INS adjustments of status and, as required by INA 203(b)(6), an
* The immigrants described in these subparagraphs are
1) immediate relatives, i.e., spouses, children and
parents of United States citizens, 2) children admitted
under INA 211(a) on the basis of prior issuance of an
immigrant visa to their accompanying parent who is such
immediate relative, and 3) children born to a lawful
permanent resident during a temporary visit abroad.
additional 656 were applied to special immigrants who were issued visas or adjusted
status during fiscal year 1995 under INA 101(a)(27)(K) [certain U.S. armed forces
personnel]. Another 18 were charged for children admitted under INA 211(a)
accompanying parents with employment preference visas. There were also 23 employment
preference visas returned unused to consular offices; the numbers assigned to these
issuances were thus "recaptured" under INA 206. Total unused numbers: 140,000 -
(118,176 + 18) - 656 + 23 = 21,173.Calculation of FY 1997 Family-Sponsored Preference Limitation:
Immediate relative visa issuances during FY 1996: 147,883
(minus net total of "recaptured" FY 1996 IR visas: - 92)
Immediate relative adjustments of status by INS: 157,026
Children admitted after birth to
immediate relative visa holders: 21
Children admitted after birth abroad
to lawful permanent residents: 1,651
Immediate Relative etc. Total: 306,489
FY 1997 worldwide family-sponsored level figure: 480,000
minus IR etc. total calculated above: -306,489
plus unused FY 1996 employment pref. numbers: + 21,173
Total: 194,684
Since under the law the family-sponsored preference limitation for any fiscal year may not be less than 226,000, the limit for FY 1997 is fixed at:
226,000
INA 201(d) specifies that the worldwide level of employment-based preference immigrants for a fiscal year is equal to:
140,000
plus family preference immigrant numbers which were unused
during the previous fiscal year.
Family Preference Number Use for FY 1996:
The family-sponsored preference limit for FY 1996 was 311,819. (Visa Bulletin No.
61, Vol. VII, dated March 8, 1996 provided information on FY 1996 limitations.) A
total of 311,858 numbers were used for visa issuances or INS adjustments of status.
Another 46 were charged for children admitted under INA 211(a) accompanying parents
with family preference visas. There were also 85 family preference visas returned
unused to consular offices; the numbers assigned to these issuances were thus
"recaptured" under INA 206 and could be reallocated. Total unused numbers: 311,819
- (311,858 + 46) + 85 = 0.Calculation of FY 1997 Employment-Based Preference Limitation:
Worldwide Employment-Based Level figure: 140,000 plus unused FY 1996 family preference numbers: + 0 Total: 140,000For FY 1997, the employment-based preference limit is fixed at:
140,000
(In accordance with INA 203(b)(6), the 90 special immigrants who were issued visas or adjusted status during FY 1996 under INA 101(a)(27)(K)[certain U.S. armed forces personnel] will be charged against the FY 1997 employment preference limit; each of the first, second and third preferences will be reduced by 30.)
INA 202(a) specifies that the per-country level of family plus employment preference immigrants in any fiscal year may not exceed:
For a foreign state: 7% of the total number of family and
employment visas for that fiscal year; and
For a dependent area: 2% of the total number of family and
employment visas for that fiscal year.
Calculation of FY 1997 Per-Country Limits:
Worldwide Family-Sponsored FY 1997 limit: 226,000
Worldwide Employment-Based FY 1997 limit: 140,000
Total: 366,000
Foreign state limit for FY 1997 (7% of 366,000): 25,620
Dependent area limit for FY 1997 (2% of 366,000): 7,320
In accordance with Section 2(d) of the Chinese Student Protection Act of 1992 (P.L.
102-404), the CHINA-mainland born limit for FY 1997 is reduced by 1,000 to 24,620, to
compensate for earlier issuances under that legislation. Under the terms of INA 203(b)(6), FY 1997 per-country limits must be reduced to compensate for the special immigrants who were issued visas or adjusted status during FY 1996 under INA 101(a)(27)(K) [certain U.S. armed forces personnel]. The following FY 1997 per-country limits will be reduced by the amount specified to compensate for such immigrants: Australia 2; Italy 1; Japan 14; and Philippines 73. Since the Philippines chargeability is subject to the prorating provisions of INA 202(e), the reduction in that per-country limit will be accomplished under the law as follows: The employment first preference will be reduced by 25, and each of the second and third preferences will be reduced by 24.
OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of Consular Affairs offers the monthly Visa Bulletin on the Internet's World Wide 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.
In addition to the Internet, the Visa Bulletin can be accessed and downloaded from the Consular Affairs electronic bulletin board. Those with a computer and modem should dial (301) 946-4400. The login is travel; the password is info.
Individuals may also obtain the Visa Bulletin by fax. From a fax phone, dial (202) 647-3000. Follow the prompts and enter in the code 1038 to have the Bulletin FAXed to you.
(The Department of State also has available a recorded message with visa cut-off dates which can be heard at (202) 663-1541. The recording is updated in the middle of each month with information on cut-off dates for the following month.)
To be placed on the Department of State's Visa Bulletin mailing list or to change an address, please write to:
Visa Bulletin
Visa Office
Department of State
Washington, D.C. 20522-0106
Only addresses within the U.S. postal system may be placed on the mailing list. Please include a recent mailing label when reporting changes or corrections of address; the Postal Service does NOT automatically notify the Visa Office of address changes. (Obtaining the Visa Bulletin by mail is a much slower option than any of the alternatives mentioned above.)
The Visa Bulletin can also be contacted by E-mail at the following address:
VISABULLET@SA1WPOA.US-STATE.GOV
(The Visa Bulletin is not distributed by e-mail, however.)
Department of State
Publication 9514
CA/VO:April 7, 1997
OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of Consular Affairs offers the monthly Visa Bulletin on the Internet's World Wide Web. The Internet Web address to access the Bulletin is: http://travel.state.gov/visa_bulletin.html